Ramakrishnan (branch manager) 30 October 2012

Cheque bounce - but no clear proof

Dear sir,

I gave 5 lak money to one of my friend as cash and got back around 2 laks now in the past 1 year. Still iam to get 3 lak principle alone + interest.

My friend gave me 4 cheques each of 1 lak for month of June, july, aug and sept 2012. But the 1st cheque for the month of June got bounced and i got all evidance for that.

The remaing cheques i did not present in bank as iam sure he has no money in his account so that it will get bounced. There is not written statment among ourself about this loan ... but only this cheque as a evidance from his company Current Account to my name

I can show evidance for the 5 lak that was given to him as a loan statment from my Fixed deposits in bank as i was a NRI.

One more thing now iam out of india and not sure how to recover the money. any tips and guidance will be much more helpful for me.

Please help me and guide me how can i deal with this and how to get my hard earned money

Looking to get ur advices

Thanks

Krishnan

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3 Replies

Nitish Banka (lawyer) 31 October 2012

once the cheque is dishonered due to insufficient funds or related causes an offence under sec 138 NI is instituted you have to issue a legal notice and then file a suit under 138 NI within 30 days.

R Trivedi (advocate.dma@gmail.com) 02 November 2012

Your sep cheque is still valid, please deposit and get the same bounced.... Under criminal case nothing much can be done about June cheque, because it is hopelessly out of limit and even condonation application with complaint may not result anything. July Aug cheques are invalid as the validity of cheques is only 3 months.

Pursue the matter once you know the outcome of sep cheque deposit.