Legal Question in Credit and Debt Law in India
Amount not retuned back
Hi i gave amount to my friend for an operation of his father. He hasnt retuned my amount back yet and he is not answering my calls. I already got 3 blank cheques from him. Can i file a case against him? I transfered the money to him thru internet banking. can this be taken as a proof for lending him the money. pls advise.
2 Answers from Attorneys
Re: Amount not retuned back
Sir,
You can always fill the blank cheque and present the same for the payment, failing honour the same, you can issue a legal notice under Sec.138 of N.I.Act and file a Criminal Complaint. A transfer of money thru the internet banking to you friends account can be deemed as a proof of lending.
However, My advice is to again try to speak to your friend and inform him that you are presenting the Cheque, failing to honour the same you are going to initiate the legal action against him at his cost and expenses.
E.VENKATESH BABU
ADVOCATE, CHENNAI.
Re: Amount not retuned back
Yes, that may be sufficient proof; and you may deposit the cheques in bank; if the cheaues are not paid, you may start proceedings under N.I. Act as also file a suit for recovery.
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