LCI Learning
Master the Art of Contract Drafting & Corporate Legal Work with Adv Navodit Mehra. Register Now!

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Cheque

(Querist) 06 June 2014 This query is : Resolved 
Hi Sir,
This is rukesh from Mandya i have taken only 5,000/- with intrest 10% from my friend at 3 years back. one year i have paid the intrest amount properly from past 2 years i have not paid the intrest. the thing is from which person i have taken taken the amount he used my cheque and he has taken 35,000/- on using my cheque. and 2 times some notice came to my house but they not yet received recently some polices came to my house enquired and informed they came to me a arrest itseems.
Requesting to you, will guide me on this additional steps/what i have do in this.
Thanking you...........

Regards
Rukesh
V R SHROFF (Expert) 06 June 2014
What a friend!!!!

Why use that word for illegal immoral money lenders.
Issue notice, ask him to issue you receipt of what you paid him till date.
he will never issue receipt, Lodge Police compl for cheating, as he collected 35k, not issued receipt.

Later defend ur self. First attack.
Take advantage of other who collected loans and repaid 10 fold. Get their affidavits,
Dr J C Vashista (Expert) 07 June 2014
1. Is your friend a licenced money lender?
2. Loan taken 3 years back is time barred and cannot be claimed at this stage.
3. How many cheques did you issue? Did you give blank signed cheque? Was the cheque for security purpose? Do you have any proof that he has collected Rs. 35,000/- against your cheque?
Similarly many other missing informations, it is advisible to engage a local lawyer so that s/he may take on the brief and advise you properly.
Sankaranarayanan (Expert) 07 June 2014
Clarify the question raised by Dr vashista. Is any document been signed by you when you taken loan from your friend. You file a complaint with police for cheating
Rajendra K Goyal (Expert) 07 June 2014
How author (pradeep) is related with Rukesh (person having the problem)?
ajay sethi (Expert) 07 June 2014
it appears cheque bouncing case has been filed based on cheque issued by you . contest case on merits
Guest (Expert) 07 June 2014
You have not been able to give proper description of your case. You have ignored description of all the basic facts about your cheque. Is it due to the fact that you are pradeep and the problem relates to Rukesh, who you are not?

Any reason, you are pradeep and stating your name as Rukesh?

About the problem, the question arises, how your friend can take loan of 35,000 from someone else, if you have issued cheque for Rs.5,000/- and that too if cheque was issued in the name of your friend?

Secondly, even if on 10% rate the amount for three years would not have become so high for which you would have issued cheque for Rs.35,000/-, may that be a bearer cheque.

Thirdly, does the third person, who paid Rs.35,000 to your friend, have payment receipt with your signature?

So, first of all state the correct facts of the case with amount of the cheque, whether crossed or bearer cheque or cheque with the name of your friend or blank cheque, with what amount and date shown on the cheque, etc., along with your real name and how you are related to the present case.
Raj Kumar Makkad (Expert) 08 June 2014
I completely do agree with the advice and pinching questions raised by ld. dhingra ji.
Guest (Expert) 08 June 2014
Dear Shri Makkad,

Thanks for agreeing with my views.
Raj Kumar Makkad (Expert) 08 June 2014
Ld. Dhingra ji! None can differ with your advice as the same is based upon your large experience and practical knowledge. I really learn many things from you.
Dr J C Vashista (Expert) 09 June 2014
@ Pardeep
Submit reply to the questions raised by expert Sh. PS Dhingra ji.
Guest (Expert) 09 June 2014
Dear Makkad ji,

Thanks for your appreciation. I just try to help people as far as possible by sharing my knowledge and experience. But when a querist tries to befool the expects or expects much more from them without providing the basic necessary facts, may my language be somewhat pinching, my intetion is to make him aware where he falters in explaining the truth or trying to hoodwink the experts.

Even in this case, you can see, the querist has not bothered to come forward with the basic necessary information even after two days of my queries.
Raj Kumar Makkad (Expert) 09 June 2014
@Dhingra Sir! I completely do agree with you that the querist should come with the complete relevant facts enabling the experts to understand the facts of the issue and accordingly to guide him.

Your contribution to LCI is marvelous and exemplary for all of us. May God provide you good health and mind so that you may continue serving mankind in the same zeal and enthusiasm.
Guest (Expert) 10 June 2014
Raj ji,

Thanks for your compliments.
V R SHROFF (Expert) 10 June 2014
I APPRECIATE THE APPROACH AND EXPERIENCED , TACT OF SHRI DHINGRAJI.

Many Querist do not come forward with facts, hiding their identity and facts, double cross us, and waste our time.

I repeat Shri Raj's comments "Your contribution to LCI is marvelous and exemplary for all of us" and fully support the views.



Guest (Expert) 10 June 2014
Shroff ji,

Thanks for your compliments. My efforts towards right thinking do not go in vain when senior and experienced people like you, Shri Raj Kumar Makkad and others like my opinions and views.

Thanks again to both of you.
Raj Kumar Makkad (Expert) 10 June 2014
Most welcome Dhingra Sir.
T. Kalaiselvan, Advocate (Expert) 10 June 2014
Thus,further opinions from more experts will appear only when the author replies to the questions raised by learned experts Dr. Vashista and Mr. Dhngra.


You need to be the querist or approved LAWyersclub expert to take part in this query .


Click here to login now



Similar Resolved Queries :