Upgrad LLM

my money


I have given ₹246000 to my friend for operation before 6 years he gave blank cheque to me


I waited so long now he is telling he will not give

I told him I will bounce cheque

he told the old cheque is not valid now

 
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Lawyer at Supreme Court of India

Sir, 

 

You can file recovery suit if the cheque has already expired. 

 

Warm Regards 

Kapil Chandna Advocate 

9899011450,9911218741 


Total likes : 1 times

 
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Lawyer

Show the dishonoured cheque to a local prudent lawyer for better appreciation of facts, analyse, guidance and proper proceedings.

 
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Does the cheque have a date. How have you given the money by cash or cheque.
 
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No date Payment through cash
 
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No date Payment through cash
 
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CEO

If no legal remedial steps are taken to collect the amount within three years, then the Law of Limitations applies, hence in your instance you do not have a legal remedy available to you to collect your amount. You can take recourse to the legal remedy of bouncing of the cheque if it is not dated, but in that event you will have to prove, with tangible evidence, that you had loaned the amount to him.
 
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I have promissory note signed By him
 
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Advocate

There is no remedy, within the due process of law. Of course, the provisions of NI Act 138 and 139 offer you  a chance to make use of the blank undated chequefor abuse of the process of the law, if you are so inclined. The outcome, obviously, are uncertain.

 
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