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vaisakh (STUDENT)     29 July 2012

Cheating

Hi,

 My  friend took a loan from me with out interest for 3 months. He told me that he will give back money when he sell his house.He show a sale agreement to me and thus i gave him 7 lac rupees. He sold his house for 75 lakhs. But yet he didn't give me money and saying excuses. But the property is not yet possessed by another one because some other people attached that property, but registration is over.i have a cheque of him for seven lakhs which dated on 5th july. can i attach this property? will i get any benefit from that? Is there any other way to recover my money?



Learning

 1 Replies

Hemang (Advocate)     29 July 2012

Deposit the cheque in an account. If the cheque is dishonoured, or not honoured, issue a notice as contemplated under Section 138 of the Negotiable instruments Act. Provide him 15 days time, which is statutory. In case, no payment is received after that period, file a Criminal complaint under NI Act. You need to higher the services of a good lawyer as law on NI Act is technical. Do not do yourself.

 

Simulataneously, also file a Civil Suit based on cheque instrument. 


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