Legal Question in Banking Law in India

cheque dishonoured...

Hi,

One of my friend had taken Rs. 15,000/- from me which he promised to pay me within 6 months ... but when i deposited the chq after 6 months it was dishonoured for insuffiecient funds and next time the A/c was closed.

The police says says they cannot take a complaint and advocates are not ready for small cases..

Can someone guide me about the exact procedure to be followed for the same in PUNE - MAHARASTRA INDIA.


Asked on 7/05/08, 2:38 pm

3 Answers from Attorneys

J. Radhakrishnan independent Practice

Re: cheque dishonoured...

Since the facts necessary for prosecution in the court of a metropolitan Magistrate Court/Magistrate of the I Class, are not clear, You have necessarily to seek the help of a local lawyer in Pune, where we believe the cause of action for the case arises. No purpose will be served in seeking assistance from this forum. Find out a lawyer in Pune or Mahrashtra listed in this forum and consult him personally with all documents.

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Answered on 7/05/08, 9:06 pm
Bhaskaran D Bhaskar Associates

Re: cheque dishonoured...

It is imperative that you should engage a lawyer immediately to recover your money or to get the borrower punished.

If you like to go about yourself you can, but it is difficult to explain the procedures to be followed here.

But, to start with send a notice to the borrower immediately by yourself, after that again put your question here for the next step.

From the date of the `cheque returned memo' 30 days should NOT have been lapsed, if lapsed, then re-present the cheque and send the notice after its dishonour.

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Answered on 7/05/08, 9:51 pm
Aniruddha Pawse Aniruddha.P.Pawse Advocates

Re: cheque dishonoured...

It will be better that you hire a lawyer as guiding you from here is not possible or if possible contact personally

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Answered on 7/17/08, 4:34 am


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