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.
6 Answers from Attorneys
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.
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.
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.
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
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.
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.
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