Varun (Graduate) 20 September 2012

Cheque bounce

Hii

Plz help me regarding this matter. Actually i had lend Rs.3,00,000 to my friend against cheque and also i have a written proof of this transaction on a white piece of paper duly signed by him. This transaction was made approximately an year ago but now he is refusing to give me back my money. So what should I do with the cheques given by him to me? And what if, he has closed that bank account of which the cheques has been given to me?? PLz suggest me legal advice regarding this as I am in state of tension from past many months. PLz help me my LAW. asap

Thanks and Regards

Varun

varunmehta91191@gmail.com

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6 Replies

MADURAI LAWYER (LEGAL CONSULTANT) 20 September 2012

Hello

If the cheque is not within its validity period ( six months from the date of cheque), you cannot invoke the provisions of Section 138 of the Negotiable Instruments Act . However, you can prosecute him for the offences of cheating under S.420 of I.P.C.and criminal breach of trust under S.406 of I.P.C. Also, you can file a suit for recovery of sum .

https://jeevaganadvocate.com/contact.php

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ravi kumar (advocate) 20 September 2012

Hello sir

Mr Jeevagan,Sir. In regard to validity of Cheque, the period is only 3months not 6 month. to file case under 138 of ni act.

Regards

K.S.RAvikumar

Advocate. 9448683024

Ashish Singla 098140 76600 (Cheque Victim's Lawyer. LUDHIANA (PB)) 20 September 2012

Mr Ravi Kumar Ji ,

You asked someone to help you out , not to proove wrong others . Mr Jeevagan is very much right because yoy are talking that you have cheque one year back , before 31st March 2012 it was valid for 6 months , if you have cheque of the date 31/03/2012 , its validity is still there i.e. today is 20/09/2012 . Three months concept came into effect only from 01/04/2012.

Varun (Graduate) 20 September 2012

Actually the cheque is without date as it was given to me as a guarantee that I will get my money back, but till now I haven't received a single penny of my amount..so now what to do?