Bounced cheque
Feroz
(Querist) 08 October 2015
This query is : Resolved
I had given loan to a friend and agreement was made but there no witness signed
the agreement expired on April n i asked him to return my money back
He gave me 2 cheques dtd 17.09.15 17.11.15
when i deposited the cheque in the bank it was bounced.
I also have the original slip of the bank trnasfer.
what can i do now
SAINATH DEVALLA
(Expert) 08 October 2015
What kind of an agreement was it?Promissory note or on a stamped paper? What is his response for the cheque bounce? U R saying a friend,why don't U ask him to settle the issue or else he too must be knowing that U will proceed legally.
Feroz
(Querist) 08 October 2015
Thanks Sainath for ur prompt reply.
It was on a Stamp Paper .
he was my friend but not in good terms now.
He says let me do the case n he will see it later.
i want to know if the agreement has no witness is it valid.
Secondly i have a proof of the bank transfer when i made the payment
what is the legal way now to proceed
Dalip Singh
(Expert) 08 October 2015
Get a legal notice under section 138 NI Act be issued through local lawyer within 30 days from the date of return of the cheque mentioned in the cheque return memo.
SAINATH DEVALLA
(Expert) 08 October 2015
'IS THE PROVERB A FRIEND IN NEED IS A FRIEND INDEED" true or false?
So he has taken money from with an ulterior motive.
Have U menti0oned the date on the agreement.As it was a bank transfer U obtain the statement from the bank for that particular month as an evidence and file a case u/s 138 NI ACT, for the first cheque only.Immediately issue a statutory notice engaging a competent lawyer.
Feroz
(Querist) 08 October 2015
Yes the date is mentioned in the agreement.
Regarding the bank transfer i have the original slip with me n i can also get statement if required.
Please i want to know if the agreement is valid if there are no witness , let me know
or i can proceed without the agreement
Thanks once again for ur prompt reply
SAINATH DEVALLA
(Expert) 08 October 2015
U have not mentioned the date on the document?
shyam ji srivastava
(Expert) 09 October 2015
Some of learned members submitted correct answer/views.
Contact a local lawyer. Issue a noticr under section 138 of N.I.Act. if response is not positive file complaint through local lawyer.
Thanks
shyam ji srivastava
senior lawyer
Kanpur
98390 28040
shyam ji srivastava
(Expert) 09 October 2015
Some of learned members submitted correct answer/views.
Contact a local lawyer. Issue a noticr under section 138 of N.I.Act. if response is not positive file complaint through local lawyer.
Thanks
shyam ji srivastava
senior lawyer
Kanpur
98390 28040
Feroz
(Querist) 09 October 2015
Hello Sainath !!!! Which Document u r saying
The date is mentioned on the Agreement
PLEASE I WANT OT KNOW IF THE AGREEMENT IS VALID IF THERE ARE NO WITNESSES OR I CAN PROCEED WITHOUT THE AGREEMENT
REPLY ME PLS
SAINATH DEVALLA
(Expert) 09 October 2015
hello Feroz,
The agreement is valid.There is no legal requirement but it is advisable to get the document signed by a witness, preferably someone not related to any of the two parties,even now U can do it. This will hold weight.Section 4 NI Act illustrates it.U can proceed legally.Engage a good lawyer and send a statutory notice.
Feroz
(Querist) 09 October 2015
Thanks Sainath !!!
but i have only the original copy with me n the other copy is with him
so i can only get signed on my Agreement
it that ok ???
Guest
(Expert) 09 October 2015
Mr. Feroz,
When you have got clear answer to your initial academic query, what do you want to convey or know more about the agreement by saying, "i have only the original copy with me n the other copy is with him so i can only get signed on my Agreement," when you have the agreement in original?
SAINATH DEVALLA
(Expert) 09 October 2015
Don't tamper with the agreement at this stage U will be in a soup.Hope U got all the requisite suggestions,better rely on UR LOCAL LAWYER.
Feroz
(Querist) 10 October 2015
Hello Sainath
Thanks for ur advice n appreciate u
sorry for botherig u
One Last question re the agreemant
U told me that i can get witnesses signed even now n again u r saying dont tamper with the agreement at this stage , A bit confused
n also let me know if i get it signed only on my Original Agreement is it ok
Thanks in Advance n i will proceed with my local lawyer soon
SAINATH DEVALLA
(Expert) 10 October 2015
U said the other party is holding a copy of the agreement,it would be suicidal to do so.
Feroz
(Querist) 10 October 2015
Yes the copy is with the other party , so shall i leave as it is n will it be valid or can i file a case without an agreement
i have the bank transfer
SAINATH DEVALLA
(Expert) 10 October 2015
At the first instance engage a lawyer and send him a legal notice.
Dr J C Vashista
(Expert) 11 October 2015
Engage a local lawyer for proper & professional advise and proceeding before it is late in getting wiser through this chatting on such academic query.
K.S.Srinivas
(Expert) 12 October 2015
Agreed with the experts.
