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S Kathirvelu   13 September 2018

Loan not repaid. what is the best legal option?

Dear experts,

A friend of mine borrowed Rs.5.00 lakhs for his daughter's higher education giving me a promissery note and a post dated cheque. He could not return the money. He had given another cheque dated 1.10.18. Now, what is the best option available to me to proceed legally to recover my money? By a civil suit using the pro note or by a criminal case using the bounced cheque? (I am sure that it will bounce when presented).

Please guide and help me.  Thank you.



Learning

 3 Replies

Adv Deepak Joshi +917017821512 (Advocate)     13 September 2018

Dear querist,


Deposited cheque on last date, if it get bounces then send legal notice to your friend for making payment, if your friends fails to do so file cheque bounce case and suit for recovery of money under Order 37 of the Civil Procedure Code, 1908.

 

Deepak Joshi & Associates

Djaa.legal@gmail.com

Mb/whatsapp +919456777600

 

 

1 Like

S Kathirvelu   14 September 2018

Thank you very much for your prompt reply.

S Kathirvelu   21 September 2018

Dear Experts,

I have a promissory note signed by my fa borrower and as per the same, it is to be paid on/before 28.02.2018. It was not paid.

Now, I want to know the legal validity of this note from the point of limitation?

I have a cheque dated 1.9.2018. I want to know its validity for presentation to the bank? That is: What is the latest date by which I can present it to the bank?

Thank you very much!

 


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