Re: cheque bouncing
Smita V
(Querist) 27 December 2014
This query is : Resolved
Respected experts,
About 7 years ago I had lent some money to a friend as she had promised to invest it in a property..I withdrew the cash from my salary account's ATM as well as took personal loans from two banks..All because I wanted to jointly invest the money with my friend in a property..Actually the "friend" in question here was like a sister to me..We had very good family relations and I knew her for 3-4 years before going ahead with the deal..But, unfortunately it was the biggest mistake of my life..Once this woman got the money she started avoiding my calls, didn't speak to me properly..I asked her a million times for the flat papers coz my money was at stake but to no avail...Later one day she told me that the builder from whom she was buying the property, was a cheat and cheated her of the money....That time it all hit me and I realised that It was me who was cheated by this "very good freind" of mine and by some unknown,invisible builder...I could not do anything legally as I did not make any cheque payments as I trusted the whole family of my "friend" blindly..I was devastated..I lost everything_my job, my career, my health--I developed High B.P..and today I am suffering from Chronic Kidney failure...For seven years I got no reply, no response from the entire family..A few days back she gave me a few cheques with her sign and date..Those cheques were not CTS , still I deposited them..As expected they have bounced....My query to all the experts is:
What am I supposed to do now Sir??
Can I file a case against this woman, if Yes under which sections.?
And If I do file a case under the relevant sections how do I make my case fool-proof/water-tight?Coz I have no legal proof of lending her money..?
What should I say is the reason she gave me the cheques?
And tomorrow if she does pay my money, can she file a false counter-case against me saying that she lent me the money thru cheques and now I should pay her back ??
Where do I stand Sir, What should I do? I am scared to trust anyone now..Pls help me with some solution Sirs coz I have lost a lot of money in Lakhs and want every single penny of my hard-earned money back ...I would be really grateful to all the experts of Lawyersclub..Thank You so much for your invaluable time and help..Thanx
Smita V
ajay sethi
(Expert) 27 December 2014
obtain letter from that lady that cheque has been issued in repayment of loan advanced 7 years back . then file summary suit for recovery of money . you can also file complaint under section 138 Ni for dishonour of cheque
Guest
(Expert) 27 December 2014
Consult a Local Good Advocate And Be in Good Terms With your So Called Good Friend and Get Documents and Cheques Executed to Proceed Legally.Only Your Action with Good Guidance Could Save your Interest.
R.K Nanda
(Expert) 27 December 2014
query too long.
T. Kalaiselvan, Advocate
(Expert) 28 December 2014
If you want to bring back life to the loan which is barred by limitation, you may do as suggested by expert Mr. Ajay Sethi, contact a local lawyer and go ahead.
Rajendra K Goyal
(Expert) 28 December 2014
Can I file a case against this woman, if Yes under which sections.?
--On bounced cheques you should file case u/s 138 NI Act. If possible take letter as suggested by the expert ajay sethi ji.
And If I do file a case under the relevant sections how do I make my case fool-proof / water-tight? Coz I have no legal proof of lending her money..?
-- Consult local lawyer and proceed. If you are able to receive letter you would be on better footing.
What should I say is the reason she gave me the cheques?
-- In consideration of your old loan. However, your lawyer would be in a better position to advise you after examining all the documents.
And tomorrow if she does pay my money, can she file a false counter-case against me saying that she lent me the money through cheques and now I should pay her back ??
-- You should get the payment documented, while receiving it.
Smita V
(Querist) 28 December 2014
Respected experts,
Thank You so much for your valuable guidance...I still wish to ask Ajay Sethi Sir 2 questions: 1)Sir, if I obtain a letter from that lady, how /what type of letter should it be? As in should it be like an affidavit/on a stamp paper or on some relevant letterhead? In short what kind of letter will hold water in the court Sir? 2)Could u also please tell me Sir, in short what exactly is "summary suit for recovery of money "..I also wish to thank Rajendra Goyal Sir and wish to ask: Sir, what exactly is the meaning of ur last clause: "You should get the payment documented, while receiving it."..Could u elaborate?..I also want to thank all the experts once again for their valuable time and help...Thsnk You so much once again..
Smita V
(Querist) 28 December 2014
Respected experts,
Thank You so much for your valuable guidance...I still wish to ask Ajay Sethi Sir 2 questions: 1)Sir, if I obtain a letter from that lady, how /what type of letter should it be? As in should it be like an affidavit/on a stamp paper or on some relevant letterhead? In short what kind of letter will hold water in the court Sir? 2)Could u also please tell me Sir, in short what exactly is "summary suit for recovery of money "..I also wish to thank Rajendra Goyal Sir and wish to ask: Sir, what exactly is the meaning of ur last clause: "You should get the payment documented, while receiving it."..Could u elaborate?..I also want to thank all the experts once again for their valuable time and help...Thsnk You so much once again..
Rajendra K Goyal
(Expert) 28 December 2014
You can take simple letter / on letterhead / an affidavit.
You can get confirmation / letter while receiving the payment that the payment is towards loan satisfaction taken by her.
malipeddi jaggarao
(Expert) 29 December 2014
Cheques are bounced now. What is the reason given by the Bank in their return memo is important to take action under Sec.138 of NI Act. You have to issue notice (preferably through advocate) within 30 days of receipt of return cheque with return memo. So, instead of wasting time, consult good local advocate and arrange to serve the notice first. He will draft the notice in such a way that implicitly these cheques were given for payment of time barred debt. This is the legal course of action.
At the same time, whether she purchased any flat or not with the money borrowed? Waiting 7 years spoiling your health is no way helpful. While I advise you to make all efforts to recover the money as she gave the cheques now (though bounced), you should mentally settle by this time that it is a loss occurred to you and you have to live with this fact. If you lost something in natural calamity, what will you do? Will you survive or not? These are part of our life cycle and you have to learn how to live with the facts.
