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Krishna prasad (Architect)     18 October 2011

Lend money - legal action - help needed

Dear Sir,

I have given 7 lakh rupees to a business man in my neghbouthood for interest, he has given me interest promptly for one year from the day of lending.  since past one year, he said, he got has money crunch and was not paying my interest.

i have requested him to pay back the capital, he keep on postpoing it for the past one year.

now, i want to proceed legally, how can i proceed?

he has given me

1. Signed Blank stamp papers for every 50,000 rupees

2. Signed blanck cheque for every 50,000 rupees he has borrowed.

 

**At times, when i was asking him repeatedly, he said, if i want to proceed legally, i can proceed.

please advice me whether i am safe with the cheque and stamppapers?

how should i proceed? what should be my next step? please advice me .

 

Thanks in advance.

Krishna prasad.



Learning

 5 Replies

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com)     19 October 2011

Dear  Krishana

You can present the cheque for encashment before the bank and if the cheque return unpaid then you send a notice to him and demand your money within 15 days if he refused or not paid the amount then file a criminal complaint against him u/s 138 of NI Act or file civil suit against him too

feel free to call me

Krishna prasad (Architect)     19 October 2011

Nadeem,

Thanks for your reply.

i am located in hyderabad, can i file this suit in any location (court?) or only in the place the guy is located?

ajay sethi (lawyer)     19 October 2011

was the money adavnced by cash  or cheque?

 

has he give any document in writing wherein he admitted his liability to repay you said amount?

 

blank cheque is no cheque . if you fill in amount , date etc amounts to material alteration . no cheque bouncing case is maintanable

 

ajay sethi (lawyer)     19 October 2011

if cheque is of bank in hyderabad you will have to file case in hyderabad only

kumar t v s (advocate)     19 October 2011

Krishna Prasad,

Kindly consult a nearby advocate and show him your papers.

 

I would suggest (1) Issue notice demanding repayment of amounts with interest.

 

(2) If there is no responce you can present the cheques after taking necessary advise from the advocate.

If you commit any mistake in your approach you may lose the option to file cheque bounce case and will have to only file recoverty suit.


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