Legal Question in Banking Law in India

Cheque returned
i have lended some amt in cash to one of my friend what it seams is that he differing the to pay i had an blank cheque from him which i have deposited in the bank am sure it will not get cleared i even dont know weather cheque is stopped or not so what can be done to recover the amt if it is stoped or returned due to any reason? can we sue him to recover and what would be the expence for the same? please suggest some solution to recover the amt

Asked on 12/23/08, 3:15 am

5 Answers from Attorneys

Homi Maratha N.N. Maratha & Co.-Advocates

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Re: Cheque returned

Already replied.

Answered on 12/23/08, 5:04 am

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Vishwa Arya Arya & Co.

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Re: Cheque returned

you have two remedies - Civil and criminal. You may start with criminal u/s 138 N I Act by sending him a notice to make good the cheque within 15 days of receipt of such notice. If he still does not make good the cheque, then you file the criminal complaint in court for his punishment and compensation to you.

Your second remedy is to file a civil suit for recovery preferably a summary suit under Order XXXVII CPC

good luck

Vishwa Arya

Answered on 12/23/08, 12:44 pm

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J. Radhakrishnan independent Practice

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Re: Cheque returned

you can file complaint under Sec.138 after getting the cheque returned by the bank, by following notice within thirty days and his failing payment on receipt of notice within fiftheen days and filing complaint in the Magistrate's court. Expenses cannot be uniform. consult your local lawyer and proceed as per his advice.

Answered on 12/23/08, 1:26 pm

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