Legal Question in Credit and Debt Law in India

Re: Hand loan not returned

you can go in for a cheque bounce case - u/138 you have a fine chance if you have enough proof he had the liability to pay - in case you had given the hand loan in form of a cheque/dd etc except hot cash then you have every thing - go to a lawyer - remember -you have issue a legal notice within 15 days from the date of a bounce of the negotiable instrument!

Re: Hand loan not returned

if the cheque is bounced consult a lawyer and issue a notice under sec 138 of the negotiable instrument act and you can further move to the court of law. specify the cause in the notice for what purpose you have given the money

Re: Hand loan not returned

In the event of bouncing of cheque, you may prosecute the defaulter for the punishment and simultaneously may file the recovery of the amount of bounce cheque alongwith interest.

Re: Hand loan not returned

The cheque is valid only for six months.Within the validity period, You may present the cheque for collection through your bank. If there is insufficient funds, you will be notified. With that intimation immediately you have to approach a lawyer to send a demand notice by registered acknowledgement due post to the last known address of the party for the repayment of the cheque amount within 15 days of time from the date of receipt of the notice. If the other party does not pay the sum within that period, you may have to file a case under Section 138 r/w Section 142 of the NI Act within the statutory limitation period.

Re: Hand loan not returned

the cheque in itself is a sufficient proof of loan and u dont need any other thing but u are adviced to get the notice and complaint drafted by good advocate who is dealing in such matters.

when the notice get bounced u have to issue the notice and then file the complaint. take care of technicalities. you can file civil and criminal cases.

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