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Parichya Gautam   13 February 2017

Cheque bounced issue.

I friend of mine borrowed around Rs35k for some time and offers to pay an interest on it, an year back. And now his final pending amount is Rs80k. He delayed for a long time and now issued a cheque and it has bounced. What can I do to get my money back? I was an informal loan as we were collegues. I have the audio recordings where he acknowledges about the pending amount and the delay in the payment and I also have the WhatsApp chats were he mentions the same, for proof. Now that the cheque had bounced. What can I do? Please help.


 4 Replies

G.L.N. Prasad (Retired employee.)     13 February 2017

Please contact a sincere advocate, and issue legal notice to the drawer of the cheque as expeditiously as possible.

Parichya Gautam   17 February 2017

The issue is that it wasn't an 'Official' lending. I lent it to a friend. The only proof I have is the recorded conversations where is acknowledges the amount he owes me and promises to pay ( along with his usual delaying reason )

 

Will this case hold if I take the legal route? Also what kick backs can i have on me due to this?

G.L.N. Prasad (Retired employee.)     17 February 2017

You have already lost Rs.35K + interest.  You have nothing more to lose more than a lakh in atttempting a good opportunity to explore chances of such recovery legally.  There is no 'Official" and "unofficial" lending.  Lending is lending and the contracts may be oral.  If you have given that amount, he should have stated the same in his account books or paid some interest in official channels like bank credit/cheques at least thrice.  Even when there is no lending, some advocates can generate an issue and when you contact, the expert may advise you about other evidences that can be collected.

If you want to retain friendship forget the amount, if you wanted to forget the amount respect friendship.

(Some one has given a fine example in these relationships.  If the borrower expires on such oral contracts and lender dies the law states that there is no proof and hence lender's family can not get that amount, in case of Nyaya , lender pays atleast principle amount, in case of Dharma, the lender not only pays the amount with interest, but further helps the borrower family with his support and stands by their side as encouragement for the benefit he has received from his borrower friend.  According to the quote, you can decide what is law, what is nyaya, and what is Dharma)

Parichya Gautam   17 February 2017

It's fine, just a colleague, not a friend. the Amount is more important here. What kickback can I expect from this?


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