Legal Question in Banking Law in India
Dishonured of Cheque
Respected Sir
I have a given c heque to Friends -friend for some specific requirements. The amount was paid by me cheque and he has confimred verbally that he will pay the interest of the taken money. The person has paid 3-4 interest cheque and chq was bounced later sate. The same guy is not giving me back my Princiapl amount as well as interest @15% whcih was greed by him. I have one cheque of blank date with written amount of Rs.50000/- that is half of my dues withous interest for the 2 years. Now i am tired because of friends realtion i have not taken any legal action but preson who has taken money is fraud and he is not willing to pay even his house more costlier than me and he has sufficent fund and wealth may be. Kindly guide, should i deposit chq. to my account from where I had issued fund to him and after if dishonured whihc case can i do , Can i get the principal amount as well as interest on it. Please guide me. Thanks.
5 Answers from Attorneys
Re: Dishonured of Cheque
Please note that cheque bounce cases are not cases for recovery of money. For recovery of money you can file a civil recovery suit. Though I suggest you should consider a local lawyer.
Re: Dishonured of Cheque
You may deposit the cheque and wait for consequences. If the cheque is bounced, you may take action in terms of the Negotiable Instruments Act. You may want to consult a local lawyer in your area for pursuing your remedy.
Re: Dishonured of Cheque
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Re: Dishonured of Cheque
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Re: Dishonured of Cheque
Better consult a local lawyer. Since the amount you lent is more than Rs.50,000/- first issue a demand notice claiming the correct amount due from your debtor with interest and mentioning (after filling up the blank signed cheque) with the date duly filled up and mentioning that the cheque given in part payment of the debt will be presented for payment and in case it bounces, apart from taking action for the bouncing of cheque, you will be filing civil suit for recovery of the entire balance with interest due on the loan.
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