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Parvez Ansari (None)     17 October 2015

Lto recover a loan given to friend

one of my friend borrowed from me Rs 2.90 lakhs in 5-6 installments. First time I paid him as a bearer cheq in his name of Rs 1.5 lakhs in in feb 2013. Second time I paid him Rs 60 thousand in march 2013 as a bearer cheque in his name. Later I paid cash the remaining amount.

Initially he insisted that he shall return me back. Now he is denyying ?
He has good political resources and in police.

Sir, Plz give me advice on
1) How can I recover the amount legally and
2)  what will be limitation in this
3) how long it will take to recover my money.
4) what defense he can put forth in case he becomes dishonest and deny the payment by me.
5) what could I do to effectively recover my money ?

Regards.



Learning

 9 Replies

SAINATH DEVALLA (LEGAL CONSULTANT)     18 October 2015

Bearer cheque is of no use,it does not attract NI Act,A bearer cheque can be encashed accross the counter in a bank without routing it through any account.

1 Like

SAINATH DEVALLA (LEGAL CONSULTANT)     18 October 2015

Continuation, U may not have obtained any other document like promissory note or a stamped receipt.If so cannot file civil suit too.Time frame and defences  come into picture only if ur complaint is maintenable legally.Hence better recover money from him with the help of common friends or well wishers.

1 Like

Dr J C Vashista (Advocate)     18 October 2015

File suit for recovery through a local prudent lawyer.

1 Like

Parvez Ansari (None)     19 October 2015

Thanks experts. Now only problem I see that I do not have any documentary evidence. It was totally friendly loan to help a friend in need and his urgencies. Secondly I issued bearer cheques in his name which he encashed in the same bank. My bank statement show his name with cheque no.and amount`

Will my suit be maintanable.or he may be sucessful by denying that he has not taken any money?

SAINATH DEVALLA (LEGAL CONSULTANT)     20 October 2015

Whether U have documentary evidence or not,first file a suit basing on the encashment of bearer cheques.Though not maintenable see what happens by engaging a good  lawyer.

1 Like

T. Kalaiselvan, Advocate (Advocate)     22 October 2015

You may first issue a legal demand notice demanding return of the borrowed amount whose details can be made known to him by mentioning the cheque payments on different dates (you should avoid using the word  bearer cheque, he will become aware of the lacuna involved in it).

After that if he is not replying or complying with the demand made or even denying the payment received, you may straightaway file a money recovery suit against him, if you are aware of any property in his name, you can file a petition in addition to the plaint seeking attachment of the property before judgement. 

Consult a prudent lawyer locally and handle the case effectively.

1 Like

Parvez Ansari (None)     23 October 2015

Thanks sir,

Now it sounds good. I shall follow the steps as told.

Thanks again and best regards to all experts

T. Kalaiselvan, Advocate (Advocate)     24 October 2015

Thanks  for your appreciation.You should act fast.  Do not waste anymore time, or else you may tend to lose the money. He will become cautious if your keep delaying the issue. 

Parvez Ansari (None)     25 October 2015

yes sirs.

thanks a lot.


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