Legal Question in Banking Law in India
Hand loan
I gave 5 lakhs(Land loan) to one of my friends.He issued a blank check to me.He has given a written statement that he is issueing the check through which he is going to pay the amount.This witten statement on a white paper by sticking one rupee revenue stamp with his own hand writing.Nopw he refused to pay the amount.Can I get my money back?How long will it to take to get my money back?
Thanks in advance
7 Answers from Attorneys
Re: Hand loan
deposit the chq and if it bounches file case u/s 138 NI act
Re: Hand loan
HELLO.
GOOD AFTERNOON!
You may deposit the cheque and proceed with u/s 138 of the NI Act.
In case of need please contact personally alongwith the details.
OR
In case of further query mail me.
Re: Hand loan
You can recover the money owed to you. but the declaration you speak of will not be as conclusive. The simplest way for you to recover the money would be to deposit the cheque and in case it bounces, you may proceed with a complaint under the Negotiable Instruments Act. It will take at least a year of two to get the money back unless the debtor, by fear of a criminal case, agrees to settle the debt earlier. His statement along with a bounced cheque will be enough evidence on your part to be entitled to the recovery.
Re: Hand loan
I agree with the above opinion.
Re: Hand loan
We think that we can help you to solve your affairs forthwith, please send us your documents or write an detailed e-mail in order to notify the circumstance. We checked over the documents thereafter, we will return your added phone number,e-mail or address,as soon as.
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Re: Hand loan
Deposit the cheque and if the cheque bounces you can proceed against your friend by filing a complaint under section 138 of negotiable instruments act.
Re: Hand loan
You can have the blank cheque filled up with date and amount due to you and present it for collection. If it bounces, you will have to proceed under Sec.138 N.I.Act. If out of fear of the criminal prosecution, he pays, it is well and good. If he contests the genuiness of the cheque, it will take years to have a finding on the debt. One cannot predict the time frame. The letter he has given will be a supporting evidence, if he disputes the debt. Consult a local lawyer and proceed.
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