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Ramesh   01 December 2020

Cheque issued and stopped payment

Dear all,


      One of my relative borrowed money from me in various instalments.after so many times i requested for my money he issued a cheque(post dated).After the due date also he asked me to not to deposit the cheque.almost i waited for two and half months but after that i deposited the cheque but it got dishonoured due to the drawer stopped the payment.I called so many times but he did not responded properly. 

       Can any one one suggest me what are my chances?


Thanks in advance


 8 Replies

Advocate Bhartesh goyal (advocate)     01 December 2020

Issue legal notice and demand cheque amount.If notice not complied with then file complaint u/138 of N.I.Act against him. Huh

G.L.N. Prasad (Retired employee.)     01 December 2020

You have to contact a local advocate and get him issued a proper notice within the time frame demanding payment of that amount..  There is a limitation period for every action, and do not make any more delay, if it needs to present the cheque once more within the validity period.  Do not make any delay.  Members can not foretell prospects of recovery, and that assurance must be given who are competent to study the available documents.

Prutha Parikh   01 December 2020

Issue a legal notice and he is not reply with in 15 days than after file a case under sec 138 of Negotiable Instrument against him

P. Venu (Advocate)     01 December 2020

You can initiate an action under the provisions of NI 138 if the cheque has been issued in lieu of a legally enforceable debt. 

Dr J C Vashista (Advocate)     02 December 2020

Initiate legal action against the drawer of subject cheque.

Consult and engage a local prudent lawyer for professional advise and necessary proceeding.

Sudhir Kumar, Advocate (Advocate)     03 December 2020

You can issue notice if time limit has not expired. 

But if you get the money it will be achivement.




Money given to friends and relatives is always a charity in the garb of loan which is given in expectation of refund but always taken with intention of non-refund.

Such loan is taken by a person:-


Who lacks business sence and cannot raise funds out of his own business and suddenly wants to be rich.

who cannot raise bank loan because :-


he himself is not creditworthy


 the purpose for which he seeks loan is illegal


the purpose for which he seeks loan is not at all commercially viable.

 Who knows he can afford not to refund.
Who trusts his thick skin
Who intends not to refund
Who has made fortification against action of refund.

So he has to find someone who can part with his money. SO he finds a lender near him (friend or relative)

Such loans are given by the persons :-

Who has surplus money.
Who displays and boasts of such surplus money.
Who stupidly believe that there will be a refund.
Fails to realise as to why he alone (not bank) is being contacted for loan.
Who has extreme trust on the debtor
who are either stupid or extremely greedy of the unusual (or illegal) rate of interest.

Such loans are always given

Without documentation.
Without witness
Without guarantor.

Business started by such money  (easy money belonging to other) invariably fails.

Such loans always sink and not refunded.


Ramesh   05 December 2020

Dear sir,


       The bank does not provided me the cheque return memo. They simply replied that the return memo is not availabale in the server. Does the return memo mandate to send the legal notice/file a complaint?

G.L.N. Prasad (Retired employee.)     05 December 2020

The server may not generate the memo, but the NIA to banker mandates that the drawee bank should state such reasons for returning cheque unpaid, seek for such return memo in writing, as iCheque return memo  is essential for further remedies.

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