Negotiable instrument act

Dev Patel (Querist) 24 January 2016 This query is : Resolved
I gave a friend loan of Rs.200000 by cash and took a blank cheque from him..later on he pay half money but not paying remaining... I deposited cheque and it was dishonoured by insufficient fund. how to recover the money as I have not any proof except a piece of paper given by him in which it was written that he has taken loan.further cheque was given by him from joint saving account with his father. pls advise what I should do ?.... weather it is easy to prove or take long time? also I am not paying tax as my income is very low ...can it affect the case any way?

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Guest (Expert) 24 January 2016
If no proof of payment, amicable settlement with your friend by taking help of some mediators (common friends of both) is the only solution.

ROHIT SHARMA (Expert) 24 January 2016
1. The hand written document citing his taking loan is a written contract and therefore if the cheques is bounced either you file a complaint u/s 138 of N.I.Act of if you want to avoid this course then file a summary civil money recovery suit under Order 37 Rule 2 of the C.P.C.

2. You need not have to worry as about the source of the money paid by you or taxation related anxiety as this will not be an issue that the court will question.

Dev Patel (Querist) 24 January 2016
Weather a writting on simple paper is considered as legal documents? Also amount is given by cash and not by cheque. ..than can I prove that loan is given?

Devajyoti Barman (Expert) 25 January 2016
Writing of cheque itself a presumptive factor of existence of loan which prompted the drawer to draw the cheque.
So on the contrary it is your friend who will have to prove that there was no loan.

P. Venu (Expert) 25 January 2016
Yes, proceeding u/S 138 could be resorted to. But there is an unethical element involved.

Adv. Yogen Kakade (Expert) 25 January 2016
Firstly, as you have stated the cheque is a blank cheque.. who is going to write the cheque and the amount.. even if you file a suit and present the cheque before the court, it is going to be difficult for you to prove the same.

Rajendra K Goyal (Expert) 25 January 2016
You should have send legal notice and filed case of cheque bouncing well within prescribed time of cheque bouncing.

Prove your case through handwritten paper.

Dev Patel (Querist) 25 January 2016
Thanks all expert.may I know how much time approx. Will spent to prove my claim? .many of my relatives advise me that it may take many years to prove u ...pls advise

Devajyoti Barman (Expert) 26 January 2016
it takes time, 3-5 years is standard time.

Dev Patel (Querist) 27 January 2016
Chance to get result in my favour ?
He told that I had not given u cheque...it is theft by you as it was blank

T. Kalaiselvan, Advocate (Expert) 30 January 2016
This is a matter of trial, no expert can predict the chance of success in your case it will depend on the advocate you engage.

K.S.Srinivas (Expert) 04 February 2016
If it is a blank cheque, and also he is claiming it is stolen by you. Better to negotiate with him settle the matter.

Dev Patel (Querist) 19 March 2016
A person who is not educated want to make will. my querry is that in which language should be made ? In his monther tongue or english ? how can he sign..weather thumb impression is valid ?

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