Legal Question in Banking Law in India

Two years back, I gave Rs 4,00,000 cash to a person after receiving two signed empty documents and three blank cheque leaves of him and a blank cheque leaf of his wife. But now that person is missing. His house has been locked for last 6 months. He, his wife, his mother and his children all are missing. For the last six months he or his family members not came to his house. His neighbours told me that he was abscounded. Now what legal steps I can able to take against him? Can I able to file a complaint against him? Or whether I have to issue a legal notice before giving complaint? If yes means how to issue a legal notice since his house has been locked? His mother-in-law is available here. Can I able to send the notice to them? Because I have a doubt that she is in communication with them. Till now I have not deposited the cheque in the bank. Please guide me the steps to be taken one by one.


Asked on 3/28/11, 8:12 am

1 Answer from Attorneys

J. Radhakrishnan independent Practice

u for collection. can have the cheques filled up for the true amount due to you. Then deposit the cheque(s). If they bounce follow the procedure as per Sec.138 of the Negotiable Instruments Act. Take the assistance of local lawyer in all the steps.l

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Answered on 3/28/11, 6:46 pm


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