LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

suresh (some)     11 March 2014

Cheque bounce case

Respected Lawyers

My father has given a loan of 5,00,000/- to his friend. His friend has mortagaged his house on my fathers name, through a simple mortage and it was registered in the registrar office. He has issued 4 cheques towards interest and 1 cheque towards principal amount.

since 6 months he is not paying any interest as agreed, and absconding telephone calls. Despite multiple reminders he failed to pay the money. Two cheques deposited in the bank bounced due to insufficient funds.

I have the following questions.

1. Is there a way I can file a cheque bounce case on him

2. as the property is under mortagae what rights do my father have now?

3. what is the best option to legally recover the money with minimal time.

Awaiting your suggestions.

thanking you in advance



Learning

 1 Replies

Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer)     12 March 2014

If you file a case under the Negotiable Instruments Act, what the court can do if the person is absconding?

He has mortgaged his property with your father. The mortgage agreement must be saying what to do with the property towards the recovery of dues. He will come running if he were to lose the property otherwise.


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register