N.I. Act query
S.D. Singh
(Querist) 17 February 2017
This query is : Resolved
I given personal loan to my friend, who given me a cheque in repayment. There was no document except cheque received by me. The cheque was bounced with reason insufficient fund. When I given him notice u/s 138. He replied through his advocate that cheque was missing and he has already filed fir in police station and also informed to bank for lost of cheque. He also stated in notice that if I don't return the cheque within 7 days, he will file fir against me. Please advise.
Kishor Mehta
(Expert) 18 February 2017
Sir,
If you can't show any tangible evidence of having loaned him the money, then it appears from the details that you don't have a credible defense.
Good luck,
Kishor Mehta
rajeev sharma
(Expert) 18 February 2017
Proceed with action u/s 138 and let him prove allegation in the court. Complaint filed by you is sufficient defence in case FIR is lodged.
adv. rajeev ( rajoo )
(Expert) 18 February 2017
I agree with Rajeev Sharma and I suggest you be ready with some wittnesses, so you can prove that you have lent a money to your friend.
S.D. Singh
(Querist) 18 February 2017
Thanx experts...
Rajendra K Goyal
(Expert) 18 February 2017
You may proceed with cheque bounce case against your friend, be ready and try to gather proofs of cheque was given by him to you in repayment of your loan.
