Legal Question in Credit and Debt Law in India

I hv given 60,000/- to my friend and he has given cheques for the

same amount i am requesting him to return the amount from six

months but he is not giving. Once he told to drop the cheque

given by him but there is no amount in his account the cheque

returned by the bank due to no funds in the a/c.

How can i process to get the amount back legally.pl advice sir


Asked on 5/15/12, 11:46 pm

2 Answers from Attorneys
Santosh Dash Legal Consultant

in case it is possible, pl read and act according to negotiable instrument act or else contact a low cost advocate to deal with the matter. Please understand cheque has a validity and in case he has given a cheque with a date and it is expired, you will have no option under NI act rather to go to civil court which is time consuming. Act fast

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Answered on 5/16/12, 12:02 am

You need to bother about the date of cheque ( Cheque must have presented to the bank within 6 months from date of issue) secondly first step is to send him a legal notice through an advocate within 30 days from the date of return memo received from the bank. if not complied then you can file a complaint before the court u/s 138 NI Act in another 30 days.

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Answered on 5/17/12, 2:58 am


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