Cheque is the legal instrument you can fill the requisite amount along with date and present it before the bank. In case the amount is not present in account the cheque shall bounce. You should collect the slip from bank that will be with a remark funds not available. Then send her a legal notice thorough hard.copy and mail and keep the record of same. Further using same notice and it's acknowledgement recipt along with cheque and bank slip u can go to the court.

Hi, you can fill up the cheque through someone else ( it should not be your handwriting ) and deposit and get it dishonoured from bank .. If the cheque gets dishonoured , send her a legal notice at her address to pay the cheque amount within 15 days .. Incase she fails to pay file a criminal complaint under section 138NI act .. If she do not turn up warrant of arrest shall be issued against her and she will be declared as a proclaimed offender

Demand for Payment of NSF Check (Australia)

Customize a Demand for Payment of NSF Check Legal Form now!

1) Non-sufficient fund cheques, also known as NSF checks, bounced checks, or "bad checks", are a common problem for companies and individuals. There may be a number of reasons, either intentional or unintentional, why a check does not have sufficient funds for its payment. Some of these reasons may be such things as account closures, temporary holds on funds in the account, bank error, fraud, and a number of other reasons ranging from honest mistakes to criminal activities.

2) In most jurisdictions, the writer of an NSF check will face some consequences. These vary from extra fees levied by the writer's financial institution to various civil and possibly even criminal consequences. There may also be consequences initiated by the intended recipient of the check, such as a demand letter or legal action, or refusal to accept any more checks from the writer. Merchants may also report the writer to a national database such as TeleChek which helps alert other merchants and banks of bad check writers.

3) One of the simplest ways for a merchant to address an NSF check, and start initiating its recovery, is with a demand letter (Demand for Payment of NSF Check). This is a legal document which essentially states that the recipient of the bad check is demanding payment of the money owed. It frequently includes the complete contact information of both parties, and may also include details such as the date, number, and amount of the check, and the reason that was given for denial of the check. If the check writer still does not settle the balance owing, and the recipient wishes to pursue legal action to recover the money, a demand letter can also provide proof in court that the check writer did not attempt to resolve the issue.

You can fill in the amount and deposit the cheque

2) on dishonour of cheque issue legal notice to your friendto repay the loan

3)if she fails to repay the loan file complaint under section 138 NI on accountof dishonour of cheque

The cheque given for discharge of a legitimate dues and bounced due to insufficient fund is liable for punishment under section 138 of Negotiable Instrument Act and fine.

Section 118(a) of the act defines the consideration which should be proved.

In case you have not paid amount through the Bank Transfer it will be difficult for you to prove the legitimacy of the debts.

Yes the cheque can be treated as a security cheque.

You may fill it up and present it before the court.

As and when the same gets dishonoured, contact a local lawyer who can issue a legal notice and pursue the case.

Make sure that you abide by the timeline of 138 case.

Regards

Yes.since its not mentioned any date you can file criminal case against her under sec 138 of negotiable instruments act and get her arrested since she's out of country filing criminal case is best option. Other thing you can do is file a civil suit for recovery of money. For both things first you need to present cheque and get it dishonor and send her legal notice ... try to get her address before you proceed further .

Send a legal notice calling upon your relative to forthwith refund your dues.

If you have a security cheque that was given to you by her, present the same for encashment incase she does not complies with your Legal Notice.

You can send a legal notice through kanoon.com

you can file a case for recovery of money or for cheque bounce but in both the case you need to prove that as on the date of payment to your friend that you had that kind of the amount and it is reflected in the Income Tax returns as well.

in the absence of any witness or documentary proofs your case could not go in your favour.

You have funded through Cash that too 6L. Moreover, you have not executed a promissory note. Any transaction above 1000 should be through DD or cheque. You also have to establish your source of income, a/c statement and IT statement.

What law says?

S.118(a) of the NI Act states the presumption of consideration " every NI was made or drawn

You have funded through Cash that too 6L. Moreover, you have not executed a promissory note. Any transaction above 1000 should be through DD or cheque. You also have to establish your source of income, a/c statement and IT statement.

What law says?

S.118(a) of the NI Act states the presumption of consideration " every NI was made or drawn for consideration.

S.118(b), was made on such date

S.139 states that the holder of the cheque received the cheque for any debt or liability.

Thus, present the cheque, get it dishonoured, cause a notice as per S.138(b) within 30 days of dishonour, if you didn't receive a reply within 15 days as per S.138(c), file a complaint within 30 days as per S.142(1)(b).

1. IF the Loaned Amount is legitimate and duly recorded in the Income Tax returns, THEN the Cheque can be properly deposited and a Criminal Case filed.

2. For Recoverey of the Loaned Amount, alongwith the above, File a Civil case, in the local court.

3. Since the Friend is abroad, a international warrant would have to be issued thru the Court AND this warrant would be sufficient to compel the Friend to return the Loaned amount.

Keep Smiling .... Hemant Agarwal

You fill up the cheque with the details and the amount what is due to you, present it before bank for collection.

Let the cheque be returned without payment, you can issue a legal notice demanding the cheque amount, after which you can drag her to the court for further issues.

1)it has to be proved that there is debt due and payable

2) the borrower will deny any receipt of funds if you dont have any acknowledgment

3)you can fill in the details on the promissory note and call upon her to make payment

4) for issue of legal notice on dishonour of cheque you need her residential address in USA

5) if cheque is issued in Australiia file case against the borrower in Australia only

1. Can you establish through documents that it is from your personal savings? If yes, the presumption shall be in favour of you.

2. You can fill up based on the outstanding using the same colour of ink and closely matching the handwriting.

3.You need to have the correct present address to serve the summons, serving the summons to her parents in such cases shall not be considered as sufficient service.

You can file the case against her on the last known address.

Again you need documentary proofs to prove your case.

1. IF the Loaned amount is duly not reflected and accounted for, THEN the amount is illegal and cannot be claimed, atleast in a court of law.

2. The mentioned Promissory Note, has no legal value, for court disputes. Clear addresses of both the parties have to be recorded in the court, for proper proceedings and procedure.

Keep Smiling .... Hemant Agarwal

For a transaction happened in India you cannot initiate action for Australia.

Also if her address in USA, it will not be possible for you to serve summons on her at USA.

Alternately, you can file a money recovery suit in India where you have permanent address and also try to send summons to her Indian address,t it return undelivered after which you can initiate service of summons to her US address.

You may give POA to someone to file the case on your behalf and then the said agent can fight the case for you.

Regards

Please note if promissory note Is executed in India you can file case in India from local jurisdictional court by giving her residential address filing suit for recovery of money. To file a case in India better give a power of attorney to a person you trust in India to represent your case In court.

Yes you can take legal action against her under negotiable instruments Act. Approach a lawyer and take instructions. He will guide you. You can make her pay your money back.