Ravi (Developer) 10 September 2012

Advice on cheque guarentee

Hi, My father-in-law's friend borrowed 2 lakhs from me two years back. We gave cash with an oral agreement of repaying it in 4 months. But due to differences with him, he is not repaying that money. He gave 2 cheques with 1 lakh on each of them and did not write the name or the date, when he took the money from us 2 years back. Is there any way that I can get back my money. I am sure if I try to cash the cheque, it will bounce. If it bounces, Can I file cheque bounce case? As I don't have any proof in writing that he borrowed money and issued these cheques, what are the chances of winning the case? can some one please suggest how to proceed further. I am from Hyderabad and looking for a good lawer for my case. Thanks, Ravi.

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4 Replies

JANAK RAJ VATSA (ADVOCATE) 10 September 2012

you should deposit the cheque in the bank and let it bounce. after that within 15 days , issue a legal notice to him to repay you the money. if he faills, within next 30 days you should file the case u/s 138 NI Act in the court. the time shedule given above should not be faltered.

dr g balakrishnan (advocate/counsel supreme court) 10 September 2012

ANYWAY, U HAVE 3 MONTHS TIME FROM THE DATE OF CHQ(U HAVE NOT PUT DATE), ISSUE NOTICE TO THE PARTY AND SAY TO HIM LOOK HERE, IF YOUR CHQ BOUNCES YOU WILL UNNECESSARILY FACE SEC 138/142 N I ACT BEFORE CRIMINAL COURT, WE DO NOT WANT TO EMBARASS YOU, SO BETTER MEET AND WE CAN GET MEDIATED MEANINGFULLY AS WE DO NOT WANT TO UPSET OUR RELATIONS BY GIVING 30 DAYS NOTICE AND IF THE PARTY FAILS THEN DEPOSIT THE CHEQUE DULY FILLING THE RELEVANT BLANKS AS THE PARTY GAVE YOU BLANK SIGNED CHEQUE AND THAT ASPECT ALSO YOU SHOW IN NOTICE SO THE PARTY CANNOT SAY THAT YOU STOLE CHEQUES AS A PLEA, AND YOU FILLING IS CLEARLY SAID IN YOUR NOTICE SO THAT STEALING PLEA WILL NOT ARISE. ALSO THE CRIMINAL COURT WILL VIEW THE ACCUSED VERY SERIOUSLY AND SUITABLY PUNISH HIM WHILE ASKING HIM TO PAY YOUR MONEYS WITH RELEVANT INTEREST.. REGDS..ADV.DR.G. BALAKRISHNAN PHD LL.B ML, MBL...'RAPIDANALYSTS@GMAIL.COM', ADVOCATE(OS) BOMBAY HIGH COURT

dr g balakrishnan (advocate/counsel supreme court) 10 September 2012

Ravi (Developer) 11 September 2012

Thanks a lot Janak and Balakrishnan. One more concern. If I issue a notice saying that I had a blank cheque and I am going to deposit it, will it be acceptable in court. Since I accepted that I had a cheque without date, will it be a valid point to file a cheque bounce case. Please advice!!

Thanks,

Ravi.