Cheque not honoured
Ramesh
(Querist) 22 July 2012
This query is : Resolved
I have given 3 lakhs to my tenant thru cheaque for his need on good-will basis. Similarly he has given me an undated cheaque for the same amount, saying that he will return the amount within 3 months with interest. But 8 months gone, still he is not honouring his commitment.
There is no other proof except the cheque I have given him.
What step should I take to recover the money as he is occupying my premises as Tenant.
M.Sheik Mohammed Ali
(Expert) 23 July 2012
first send legal notice, about aforesaid not honored amount, than to deposit for encasement.
Sudhir Kumar, Advocate
(Expert) 23 July 2012
You have got undated cheque. Fill datre and deposit in bank. If bounced take actin u/s 138 NI Act.
M V Gupta
(Expert) 23 July 2012
Yes. You should fill up the date in the cheque already given to u and deposit with ur bank for collection.if it is dishonored, file a complaint under Section 138 of the Negotiable Instruments Act, which is a criminal case.as there is no written undertaking to pay interest, it would be difficult to collect interest from him.
SAINATH DEVALLA
(Expert) 08 August 2012
Get the cheque filled by a 3rd party and send it for collection.But remember one thing,whatever the amount you fill on the cheque it should be accountable through a valid source.Don't proceed blindly.
