Friendly loan

Inform to him in writing a letter and get acknowledge from him properly that you are going to deposit the cheque. After deposited the cheque, if it is returned, obtain return memo from the bankers alongwith bounced cheque and arrange to send a legal notice through a lawyer immediately

Hi,

If he comes to know that you are depositing the cheque, hi might stop payment of the cheque.. still you can take a legal action against you..

But before he taking a step of filing a complaint aginst you for a lost or stolen cheque.. send him a legal notice for his liability to pay the amount.

The Neft transaction details can be a important evidence in your case.

Deposit the cheque and if it gets dishonored.. then go ahead with the legal procedure.

Adv. Yogen Kakade

Jurycon Incorporation

Advocates & Consultants
Email: juryconincorporation@gmail.com
Web: www.juryconn.in 

Though Neft transaction is a valid evidence of giving him money by way of transfer,U have also to prove the source of that money and the purpose

Pl. be informed that every steps in litigation u/s 138 has time limits. Contact a local lawyer before proceeding.

Dear sir, above same case with me, I have bank statements of lend money also I have acknowledgement of lend money send by friend through register AD for requesting for do not deposit cheques which his gave me for security purposes. My question is its valid prove of evidence, if He written on plain blank paper with his signed. 2. Why he mentioned a security cheques, he written all content in the cheques date, name of holder, amount & his signature.

Thank you all for the replies.

I can prove the source of the income, as most part of it is from my salary.

I would like to know, what are the artifacts/ documents that the court expects in order to prove one has lent moeny? 

Security Cheque? Bond Paper? Collateral? etc etc Which of these(are any other) would be a more valid artifact as per law? 

Regards,

Mohan

Mr Shinde U should post UR query in a separate thread,but as of now  UR query does not hold legal status.

Dear Mohan,

U have mentioned the amount lent as 20L and U R saying the source of income is from salary,if that question is raised by the opp lawyer U will have tp prove it.

Sure sir, I would be able to prove it. 80% of the 20L is from the salary over a couple of years and I have the required proofs like IT returns, bank statements etc. Remianing 20% is from my other investments. 

It would be helpful if you can mention which artifacts/ documents the court finds most helpful in proving a money lending case? Would like to be aware of this, so as to not fall prey going forward. 

When it from UR salary,U must have given him periodically and not as a lumpsum?

Sir,

It is what I had accumulated over a period of 2 years in the bank. Hence, it was a lumpsum payment.

Thanks,

Mohan

Ok then deposit the cheque for realisaton,once it gets dishonoured send him a statutory legal notice.Engage a competent local lawyer and along with the bank statements file a case under NI ACT.

Thanks sir and thank you all for the guidance. 

First of all issue him a legal demand notice and once he is not complying to the demands made, you may plan to sue him both under cheque bounce case and through money recovery suit.  The cheque bounce case may or may not fetch you the amount lent to him hence as a safety precaution, you may file a money recovery suit too.