Legal Question in Banking Law in India

Cheque Bouncing

Dear Sir / Madam

I had paid 3lac 40thousand rupees to my near friend on his request for his business support, I managed to arrange this amount from my friends and family. And my friend had forced me to collect the cheque from him till he returns the money back with in 3 months period. But unfortunately as i had collected this said money from my friends and relatives i had to pay them back them the money. Now my so called friend says that he had losses in his business and cannot return the money and also threatened me not to ask this again. I managed to deposit these cheques and got a feedback that the account has insufficient funds. I had contacted my legal advisor to forward legal actions against this guy. He is defending this case stating that he is a busy person and had signed these cheques and misplaced the cheque and i had misused his cheques.

Could you pls help me with the right information how can i get back my money from this guy. Pls help..

The guy who has bounced the cheque is an XLRI graduate and threats me that he ll use his best contacts to see to that the case is in his favour and ruin my life as well. Pls help me

Thanks and Regards

Praveen J


Asked on 1/21/06, 5:48 am

4 Answers from Attorneys
Vivek Anand M/S.VIVEK ASSOCIATES

Re: Cheque Bouncing

Don't take extraneous circumstances into consideration, unless and until you have a good case on merits, which I feel you have. So go ahead and file a Private Complaint u/s.138 of the N.I.Act before the competent court.

Read more
Answered on 1/22/06, 8:54 am
Raja Selvam Selvam & Selvam, Advocates & Consultants

Re: Cheque Bouncing

Hi

lets talk reality and let your friend not tlk crap. I would advise you to take legal steps as soon as possible. Dont worry. You will definetly win this case. Try the following.

Write to him asking a reply within 7 days. Send by RPAD so you have the proof.

2nd try to call him and talk over the phone after you have sent the letter and he receives it. Record the conversation. After that present the cheque once again if necessary and then go legal.

If you need any assistance pls let me know or call me.All the best,

regards,

Raja Selvam

Advocate

Read more
Answered on 1/21/06, 10:25 am
KAVITA SARIN Lawyers' Inc. Advocates & Attorneys

Re: Cheque Bouncing

Dear Praveen J

Your case is for recovery of money. As a quick redressal i can suggest you to get your cheques back from that lawyer so that you can file a criminal complaint against your friend. Please note that the cheque is valid for 6 months from the date of issue and there are other time limitation in filing the complaint also. Let me know that is there any acknowledgement note by your friend when he took the money from you.

regards

Kavita Sarin Advocate

Read more
Answered on 2/02/06, 2:04 am
Pravin Vaidya Independent

Re: Cheque Bouncing

(i) You can file criminal complaint under sec-138 of NI act agianst drawer of the cheque which I trust you must have already done within stipulated time limit. The case may be rigorously followed with the criminal court

(ii) As regard threats given by your friend pl. consider to register formal complaint with the concerned police station

Read more
Answered on 1/21/06, 3:52 pm


Related Questions & Answers

More Banking Law questions and answers in India