Confused Indian (Legal) 23 October 2015

Cheque bounce

Sirs

I given a loan to a friend for 37 lakhs. I have no proof written that he took loan from me as he is a friend. He given me a cheque for the amount without writing amount or date or name but only with his sign. I filled in my name, amount and date and deposited in my bank. It came back with insufficient funds message. He is now saying that he never took loan from me and asking me to prove it. What can i do now?

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12 Replies

Advocate Kappil Cchandna (Expert Bail & Criminal Defence Lawyer at Delhi Supreme Court of India) 23 October 2015

Sir, Send him a legal notice to come within the period of limitation .... Other remedies keep him trapping .... Warm Regards Kapil Chandna Advocate 9899011450

Sumit Nandvani (Advocate) 23 October 2015

Hi Shekhar, U dont worry if he gave cheque to u then burden of proof is in fovour of him. U just send them a legal notice under limitation.

Sumit Nandvani (Advocate) 23 October 2015

For further query call 8826550368.

Mukesh sharma (job ) 23 October 2015

hi you send him legal notice

R Trivedi (advocate.dma@gmail.com) 23 October 2015

Before you send a notice to him, please ascertain what cause you will take for receiving such cheque from him....meet a local lawyer and discuss...Amount is high and your ability to organize 37 Lacs and give loan without wrtiting will surely be put to test.

Sathiya 23 October 2015

Hello Sir, my name is Sathiya from Chennai. I was working in an organization, I got personal loan of 3lakhs from ING vishya bank in Feb 2013. I made the regular auto debit through my salary account HDFC till May 2014. Since I had couple of health issues like disc prolapse and uterus problem. I have quit my job. Then I managed to them(collection agent) directly as cash till November 2014. Then I couldn't make payment since I'm exhausted with cash and jewellery. They gave a settlement option at the end of last month(September). I agreed but it didn't get money on time to pay first installment of settlement amount. Till 13th of October 2015,I was telling them that I will arrange for settlement amount and whatever my situation is. They have threatened me several times they will get warrant and police will arrest me. I told them my current situation, Still they have deposited my empty cheque which I gave at the time of getting loan. Now it's bounced back. Today I was not at home but my neighbor said I got some register post from ING bank. It's returned bcoz I didn't sign it. But I went to out to arrange for money through my brother. I will get money maximum by end of next month . So kindly explain me what should be their motive? And what should I do? Please reply me. It would be great help for me. Thanks in advance.

SAINATH DEVALLA (LEGAL CONSULTANT) 24 October 2015

37 lakhs given as hand loan or friendly loan is not legally maintainable without any legal document,except a cheque..If U proceed legally only with that cheque,U will have to officially show the source from where U have given him that amount.

gyani 24 October 2015

i agree Trevide Sir.. benefit of doubt is possible.

Confused Indian (Legal) 24 October 2015

Sirs Thank you for replies.I have sent him notice and he sent back reply to me saying he has not taken any loan and asking me to prove.I have nothing in wiriting to prove to court.He is saying he will go to court saying i am putting false case because i have no proof.What to do?

SAINATH DEVALLA (LEGAL CONSULTANT) 25 October 2015

Totally he cannot totally deny that a transaction took place between both of U, as UR only source of evidence is the bounced cheque.Can U mention the contents of the notice and the reply given by him for a better analysis.

SAINATH DEVALLA (LEGAL CONSULTANT) 25 October 2015

Are U a lawyere,UR profile suggests "legal"

Dr J C Vashista (Advocate) 27 October 2015

I agree with expert Mr. Sainath Devalla.

Despite the fact that presumption is in your favour even than you should be ready with the information/data to prove that you have lended the friendly loan, create some evidence.

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