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(Guest)

Tackle my Difficulty in recovery even after getting cheques?

Can't I recover money even if I have cheques/pronotes of my borrowers-please read full story answer then only? I used to lend money to a friend of mine on 2% of monthly interest. He issued me two blank cheques and a blank pronote, receipt etc in 2002.Since 2002 he is dealing with me, he used to repay and re-borrow. All the pronotes are duly signed and thumb impressed by his wife also as a witness. Now he has stopped paying me anything since last 4 months. When I demanded my money back, he said that he won’t and I can’t do anything against him legally as he has reported 4 months back the local police station that he and his wife were sitting with Mr.“X” in a car and signed two cheques and pronotes etc. for Mr. X because he was about to borrow some money from X .At once some armed persons attacked them along with some cash and gold, they looted the cheques and pronotes etc also. And he said that he has given the same report to the bank also whose cheques these were. And now if I will use these cheques and pronotes I will be at loss. I will be considered a criminal who some how was involved in that loot and now trying to further cheat him by using those cheques and pronotes etc. Where do I stand legally? I s there any way out for me recover my money? Plz. help. Thanx in advance.



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 1 Replies

Dharmesh Manjeshwar (Advocate/Lawyer)     03 August 2009

To answer ur query properly, I would need to know whether the two cheques given to you in 2002 as claimed by u are dated/undated/blank etc .... u say he has stopped paying u since last 4 months ... then why r these 2 cheques given in 2002 still with u ?? whether u have a license for money lending ????

whether these 2 cheques are one on which u wish to take action u/s - 138 N.I. Act ??? or are there other cheques as well ???


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