Part payment received but chq. bounced
hemantmehta
(Querist) 17 May 2015
This query is : Resolved
Respected Experts,
I hope that you all are doing good.
I have given a friendly loan of Rs. 5 lac in delhi. The party who have taken the said loan amount issued me a cheque of Rs. 1 lac only, which was bounced recently. So, if I take legal proceedings under NI Act then can I claim my actual amount of Rs. 5 lac. If no, then how can I claim my entire loan amount. Is there any court fees in delhi to file this suit.
Thanks to all in advance.
Advocate Bhartesh goyal
(Expert) 17 May 2015
You have to file recovery suit for recovery of entire loan amount along with interest and expenses.you can not recover loan amount under the provisions of N.I.Act.You have to pay court fees on claimed amount.
ashok kumar singh
(Expert) 17 May 2015
for the dishonour cheque you have to file case under Section 138 of N.I. Act' 1881, before the Judicial Magistrate.
and for recovery of total amount you have to file suit before competent civil court.
you have to accumulate the papers and or documents which shows that you had given loan of such amount to your friend and he was agreed to return you within a certain specified period of time, otherwise you cannot proceed.
in absence of proof of legally enforceable liability, there is no case in your hand.
in absence of proof of source of such money, which you had given loan to your friend, there is no case, in your hand.
the following papers and or documents you should have :
1. money receipt of such payment granted by your friend,
2. statement of Bank Account of yours, showing such money you have,
3. Promissory note,if any,
4. undertaking of repayment of such money by your friend,
5. Declaration and or Affidavit by your friend accepting the truthfulness of such loan,
6. any letter and or communication made by you to your friend in this regard,
7. any letter and or communication made by your friend in this regard,
8. reply of letters, if any,
9. any incident and or event arising out of such transaction,
10. any complaint and or G.D. Entry of the Police Station,
11. witnesses in person having knowledge of such transaction in between you and your friend,
12. Income Tax return and related documents showing you had given such loan amount to your friend,
13. establish your ability to give such loan to your friend through papers and or documents and or through the persons witnesses,
14. any piece of papers which shows that your friend had taken such loan from you,
15. etc.
follow accordingly.
Rajendra K Goyal
(Expert) 18 May 2015
If you want to file cheque bounce case it would be of Rs. one lac only. To claim full amount, file civil suit, if you have proofs of the loan.
hemantmehta
(Querist) 18 May 2015
Thanks to all to gave your precious time to resolve my query.
T. Kalaiselvan, Advocate
(Expert) 19 May 2015
