Anil kumar (Self employeed) 28 December 2023

Lent money to friend

I lent some money to my family friend and he me gave his cancelled cheque of SBH (now its SBI). So can I take any legal action against him with that old cancelled cheque.

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Quick Summary

A user lent money to a family friend and received an old cancelled cheque as security. They are asking if this cheque can be used for legal action to recover the debt, especially as the friend is now mentally torturing them when asked for the money back. Advice suggests a cancelled cheque isn't strong evidence and legal action might be time-barred, but a legal notice for recovery could be an option if the loan was within the last three years.

3 Replies

SAM (LEGAL) 28 December 2023

Return cancelled cheque of SBH (now its SBI) to your family friend and ask for fresh cheque of SBI its simple.

Why are you so desirious of taking any legal action against him with that old cancelled cheque?

T. Kalaiselvan, Advocate (Advocate) 28 December 2023

Cancelled cheque is not an evidence for lending money, if you have the details of having advanced the money and if the lending is within three years from this date, then you can send him a legal notice deemanding the money lent, if he fails to respond then you can file a suit for recovery of money.

Most likely the claim is barred by limitation as contented by you in a similar post in a different thread of the same forum