Legal Question in Banking Law in India

Repayment of Loan giving on a personal basis by cheque

I had lended a sum of 1.4 Lacs to a personal friend 12 months back by cheque. Now he is refusing to make the repayment. Is there any law by which i can prosecute him, I only have the check payment entry in my passbook as proof, i had not taken any other written assurance from him. Please advice. Thanks.


Asked on 10/20/07, 3:44 am

6 Answers from Attorneys

Amit Shukla AS and Associates Legal Services

Re: Repayment of Loan giving on a personal basis by cheque

You can ile a suit in small cause court.For more advice contact personaly.

Read more
Answered on 10/20/07, 1:54 pm
G. M. Gupta gmguptaandassociates

Re: Repayment of Loan giving on a personal basis by cheque

you can file cases and you have to be very careful in your case. so take care that you engage a good lawyer in this.

good drafting and technicalities can get your money back otherwise its gone.

Read more
Answered on 11/08/07, 2:26 am
Homi Maratha N.N. Maratha & Co.-Advocates

Re: Repayment of Loan giving on a personal basis by cheque

Please take the acknowledgement from the bank regarding the cheque deposit and then issue a legal notice regarding the same. Later on you can file a suit in small cause court.

Please contact personally in case of need.

Professional charges are applicable.

Read more
Answered on 10/20/07, 5:05 am
J. Radhakrishnan independent Practice

Re: Repayment of Loan giving on a personal basis by cheque

You cannot prosecute him. Only remedy is to issue a notice demanding repayment with interest as per interest Act (as there is no agreement to pay any particular rate of interest) and if he fails to pay the same, file a civil suit against him. You should consult a lawyer personally at your place of residence/business and not to throw the question in this forum

Read more
Answered on 10/20/07, 7:46 am

Re: Repayment of Loan giving on a personal basis by cheque

Firstly send a legal notice demanding back your amount and thereafter file a suit for recovery.Consult a local lawyer with all details.In case of need contact with details.professional charges are applicable.

Read more
Answered on 10/20/07, 9:28 am
Vijay Chandavale Advocate Vijay Chandavale & Associates

Re: Repayment of Loan giving on a personal basis by cheque

In my opinion the present days are of not such type that you can safely lend sum of monies to a fried. In fact even though legally speaking such lending is banned people go for it . You have simply two remedies either to file a civil suit or to go for criminal case of cheating etc.

Read more
Answered on 10/20/07, 1:01 pm


Related Questions & Answers

More Banking Law questions and answers in India