I have given a loan to one of my friend in 2016 by cheque but not having any agreement for that for a span of 1-2 years but after that he was giving excuses and not returning my money I have waited a lot but didn't get my money back So in April 2023 I have issued a notice to him to pay my dues along with 18% simple interest or I will take legal action for realisation of the same.Afterall he agreed and issued a cheque for the same.But now the cheque issued by him was deposited by me on 6th June which was returned stating "Kindly contact drawer / drawee bank and please present again".I have tried to contact him but he is avoiding and when I tried to contact bank they refused to give me any information without the account holder.I have again deposited the cheque and it was return with same reason.
Now please suggest whether I can file case u/s 138 to realise my dues with this return reason.
Thanking you in advance.
