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NITIN BHARDWAJ (ENGINEER)     09 December 2012

Cheque bounce

Hello Friends,

                        I lent Rs 500000 to one friend of mine in october through cheque on  his name. My friend gave the post dated cheques of mid january 2013. At that time he promised me to pay 1 lac every month and later on once amount gets over ,I will return cheques to him. With cheques there is an agreement also signed by him.

He didn't paid the money for november month and told me that he will pay in december for both month, which is yet to be done. I have audio recordings of conversation that he has taken money.

Please let me know what extra precaution i can take so that i can takeout my money easily.Also few quieries.

1. What happend if signature doesn't match on cheque or cheque got bounced or account is closed? Can i ask the bank to confirm on all these things.

 

Thanks & Regards;

N.S



 3 Replies

V R SHROFF (Sr. ADVOCATE Bombay High Court Mob: 9892432152)     09 December 2012

First of all, Depopsit Cheques in your Account. Get Cheque Retrn memo .

Secondly, Demand a Promissory note with payment by cheque, 

Third, Insist on payment, or issue new cheques as Babk issuing in Jan 2013. 

If he act as per inst OK,  [forget cheque sign  or a/c closed at this  moment] 

Otherwise issue notice under 138 ni

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com)     09 December 2012

Dear Querist

i agree with expert

NITIN BHARDWAJ (ENGINEER)     09 December 2012

Hello Mr. Shroff,

                           Thanks for your reply. Few doubts.

1.Can i submit PD in advance(Your first point)  into my account?  Cheques are signed for Jan 13.

2.Is Promissory note some kind of affidavit or bond?

Regards;

Nitin


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