Bearer cheque money withdrawal.

Deposit the cheque in the bank...... If it bounces give a demand notice u/s 138 NIA to the mother of your friend stating that you have sold a mobile of yours to her........... Subsequently a criminal complaint can be filed u/s 138



However as per my understanding in your case a settlement will happen between you and your friend as soon as the cheque gets dishonoured or a notice is sent, as no son would like her mother to attend the court and face the trial........

My dear Sir,

 

What is the amount involved? For that amount is it advisable to go to Court! And after going to Court (which involves expenditure,  may be more than the amount you have to receive), how long it will take for you to get judgement in your favour, if at all it comes in your favour.

 

Contact your friend in person and resolve the issue.

Best way to resolve is by resolving with your friend. Going to the court will be like Mahatma Gandhi, contemplating to buy a cow.

Ramesh Sir, just respond to the query if you want rather than countering the member's responds, which has no relevance to the query.

Ramesh singh sir...... Agreed that you are more learned than me...... You have always tried to help me........ But sir please do not be rude...... As being such doesn't suit a person like you

Regards,
Jainish

Jainish Sir, don't take his words seriously, he has the habit of moderating and attacking members with irrelevant responds, which ofcourse is not a healthy practise for the forum or is required in LCI forum.No one is here for gain or pofit except sharing of knowledge, and I am of the sincere view that members should note that.A few days back there was war like situations between our top members jigyasu legal analyst and Kumar Doab too, which was really very disheartening for the forum.Take it easy, sharing is more blessed than taking.

Ramesh Sir, I know you and there is nothing to say sorry etc. This is a forum for sharing and learning from one another, if one can understand that basic aspects of LCI that is all.

Agreed with Learned N.K. ASSUMI........ ☺️ no issues with anybody..... Everyone has a right to give advice..... I might be of one view and other may think something else....

Ultimately we are here to give advice and take advice.......

No issues!!! 👍☺️

Regards
JAINISH

Sir ramesh singh.... I m nobody to advise you but words once spoken can't be taken back.... And you are a learned person


Kindly take a note of this.....

Regards JAINISH

Thnx all for helping. Amount is 20k and he also has my mobile phone which has a resale value of around 20k. I hav the bill for that mobile and it's under my name. I had given him for few dez as he was without a phone bt he never bothered to return it till date. Cheque amnt is 20k. So in total he owes me around 40k. I m trying my best to get this resolve in person by speaking wid him but he neither calls nor he answers the phone. His mother or brother doesn't give me their home address so that I can visit personally n talk to this guy. I m stuck in between. What shud I do. I m totally confused.

Also I would lyk to know if is there any way I can know if there is an account balance or not for the cheque he is given to me which is under his mother name.

Banks do not reveal the balance of any account to a person who is not the account holder.  Even the account holder wants the balance, he has to approach the bank with pass book. In your case, since you are not the account holder, there is no way of knowing the balance.  The only option is to fill up the cheque with your name and also putting the date on the cheque, you can present it in clearing or go to the branch and present across the counter.  If there is balance, it would be paid and if there is no balance, the cheque willbe returned with a Cheque Return Memo duly mentioning the reason as "insufficient balance".  However, since there is no relationship of Debtor and Creditor between you and the accountholder, whose cheque you hold with you, you shall not be able to file case under Section 138.