Manoj Gowda 22 October 2018

My money

I have given ₹246000 to my friend for operation before 6 years he gave blank cheque to me

I waited so long now he is telling he will not give

I told him I will bounce cheque

he told the old cheque is not valid now

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8 Replies

Advocate Kappil Cchandna (Expert Bail & Criminal Defence Lawyer at Delhi Supreme Court of India) 22 October 2018

Sir,

You can file recovery suit if the cheque has already expired.

Warm Regards

Kapil Chandna Advocate

9899011450,9911218741

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Dr J C Vashista (Advocate) 23 October 2018

Show the dishonoured cheque to a local prudent lawyer for better appreciation of facts, analyse, guidance and proper proceedings.

Pinaz Contractor (Advocate High Court) 23 October 2018

Does the cheque have a date. How have you given the money by cash or cheque.

Manoj Gowda 23 October 2018

No date Payment through cash

Manoj Gowda 23 October 2018

No date Payment through cash

Kishor Mehta (CEO) 23 October 2018

If no legal remedial steps are taken to collect the amount within three years, then the Law of Limitations applies, hence in your instance you do not have a legal remedy available to you to collect your amount. You can take recourse to the legal remedy of bouncing of the cheque if it is not dated, but in that event you will have to prove, with tangible evidence, that you had loaned the amount to him.

Manoj Gowda 23 October 2018

I have promissory note signed By him

P. Venu (Advocate) 23 October 2018

There is no remedy, within the due process of law. Of course, the provisions of NI Act 138 and 139 offer you a chance to make use of the blank undated chequefor abuse of the process of the law, if you are so inclined. The outcome, obviously, are uncertain.

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