• Money not returned from lawyer

Hi, 

I gave some money to my friend of friend 4 years back. From last 1 year he is not giving any amount. He is not reachable in phone also these days. When I am asking my friend he is saying that the actual person is not attending his calls too.

I transferred the amount through online banking - NEFT. I have a cheque from him (friend of friend) and also promissory note. Can you please tell how I can proceed on this. 
Should I send legal notice to him directly or my firend. I actually dont know that friend of friend directly.
Please advise. 

THank you all in advance
Asked 4 years ago in Criminal Law
Religion: Hindu

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21 Answers

it is the person who got ultimately benefitted out of your funds is liable to repay the amount. Therefore, with the cheque and if any other documents in hand, proceed to cause a legal notice followed by dishonour and cheque complaint under S.138NI.

Rajaganapathy Ganesan
Advocate, Chennai
2085 Answers
8 Consultations

4.9 on 5.0

Dear sir

First collect the information about the person who issued cheque, address, working, age etc.

Then Present the cheque. Once it is dishonoured issue legal notice. if not received file a private complaint before court of law.

Feel free to reach us over call.

This is only opinion.

Shettar SS
Advocate, Bangalore
182 Answers
1 Consultation

4.4 on 5.0

If you have a cheque you may request to the branch of the Bank to provide you the address of the account holder.

Please deposit the cheque first and let it bounce and go to the bank a request for the address as per the bank record.

With in 15 days redeposit the cheque and get it bounced due to insufficient fund.

Please send him legal notice with in 30 days of cheque bounce with intimation to legal charges if any.

You may also get the notice drafted from any of the panel lawyers of this site.

Vimlesh Prasad Mishra
Advocate, Lucknow
6848 Answers
23 Consultations

4.9 on 5.0

Dear Client,

Deposit the cheque, might it honored otherwise bounce, than process cheque bounce case - easy and speedy remedy.

Take assistance of an advocate as soon receive the intimation of cheque return.

Yogendra Singh Rajawat
Advocate, Jaipur
21481 Answers
31 Consultations

4.4 on 5.0

1. If his last written acknowledgement of loan was within 3 years then you can file a suit for recovery of money on the basis of the said Pro note. Since Pro note is there his can not deny taking money on loan from you.

2. However of there is no proof within the last 3 years about such loan in writing then your civil suit for recovery of money will fail as money suit is to be filed within 3 years only.

3. In any event you can additionally file a case under 138 NI Act if you present the cheque for honour in your bank and it is dishonoured due to any reason.

Devajyoti Barman
Advocate, Kolkata
22515 Answers
402 Consultations

5.0 on 5.0

1. You can deposit the cheque to your bank and if dishonoured, file a case u/s138 of N.I. Act.

2. You can also file a Money Suit against him claiming refund of the amount taken from you on loan with interest , damage and cost.

3. For filing any case, you shall have to send legal notice and it is always advisable to send legal notice through lawyer.

Krishna Kishore Ganguly
Advocate, Kolkata
26602 Answers
726 Consultations

5.0 on 5.0

1) if no payment is made by friend for last 3 years then claim is barred by limitation

2) if you have the cheque fill in details and deposit the cheque

3) issue legal notice in case cheque is dishonoured

4)file complaint under section 138 NI in case payment is not made by friend

Ajay Sethi
Advocate, Mumbai
87939 Answers
6207 Consultations

5.0 on 5.0

Before legal action is taken against a debtor,the claim should be brought to his or her notice to make sure that the debtor is aware of the fact that the debt has not been paid back. A letter should be sent to the debtor containing important details and specifics. This should include information concerning the debt, for instance, how the debt was incurred, the original amount of the debt, when the last payment was made, and the current amount that is due to be paid back. The letter should also mention information regarding the paymentarrangement, providing the debtor with a phone number or an address in order to get back to the creditor.Most importantly, a due date should be provided to the debtor mentioning by which date he or she must make payment arrangements in totality. The idea is to choose a reasonable date and allow the debtor some time after he or she reads the letter to repay the debt. Also time must be given for the debtor to respond. At this stage, it is better to motivate the debtor rather than throw him/her into panic. A copy of this correspondence should be saved.

If this date passes without any payment of the debt being made or any indication of it being paid in the near future, one could send a letter of demand from a lawyer’s office, before commencing any legal action. The problem may be solved by way of negotiation[1].

If this too fails, either by way of the debtor not responding or refusing to make the payments, it may be necessary to institute legal proceedings against the debtor. Relevant papers in one’s possession that are related to the amount due (debt)debt or any documents of a similar sort including a copy of the correspondence between oneself and the debtor should be kept.

The limitation period for filing a civil recovery suit in India is 3 years. After that the claim is barred by time. It is imperative to decide which Court of law one should file their suit for recovery. In India, according to the Civil Procedure Jurisdiction, the pecuniary or monetary jurisdiction of the Courts depends on the state in which the cause of action arises. The pecuniary jurisdiction of the Court divides the Court on a vertical basis, which means that depending on the valuation of the suit filed, there are different levels of Courts with different monetary jurisdictions, and the suit will have to be instituted in the Court which has the required jurisdiction. For example, the pecuniary jurisdiction of the Courts in Delhi areas follows:

Suits amounting to Rs.1 - Rs.20, 00,000/- lie before District Courts.

Suits over and above Rs. 20,00,000/- lie before the High Court.

It is essential to remember that the amount of pecuniary jurisdiction is different for all High Courts in India. This limit is decided by respective High Court Rules and in many states the High Court has no pecuniary jurisdiction. All civil suits go before the District Courts, and only appeals lie before the High Court. The creditor, that is the one who owes the will have to determine in which Court the claim can be filed, which in turn shall be determined in accordance with the amount claimed. If the Court finds that it has no jurisdiction to entertain the, it shall transfer the suit to the Court having jurisdiction. In order to verify the pecuniary jurisdiction of the Courts in a particular state, one must refer to the rules determining the pecuniary jurisdiction of the district courts which have original jurisdiction[2].

The parties can appear in Court on their own, but it is not uncommon to be represented by a lawyer. If one does not appear, the Court or Tribunal can dismiss or adjourn the case. If either party does not appear, the other may obtain the judgment by default. Any promissory note, contract made, or any other documentary evidence of the debt should be provided to the Courtby the debtor, or his or her attorney. One should make such copies of any evidence to be submitted. Both parties will be given the opportunity to explain their stands before the court. If the court gives judgment against the debtor the amount that the debtor has to pay, including court costs becomes payable immediately from the date of judgment. This judgment could be obtained following the hearing of the case,or in the situation of the non-appearance of one of the parties, on default. If one is dissatisfied with the judgment, one can always appeal to the High Court. In case one finds the proceedings to be long winded or elaborate, it is best to consider hiring a lawyer, who are well-versed in the procedures of Courts and Tribunals.

Ganesh Kadam
Advocate, Pune
12335 Answers
191 Consultations

4.9 on 5.0

First get the cheque dishonored and then send him legal notice then. File for recovery of money based on cheque criminal case and civil case under promissory note. Please note you cannot recover same amount using two documents so better to put half half amount on each document.

Swarnarka Chowdhury
Advocate, Mysore
1878 Answers
5 Consultations

5.0 on 5.0

Firstly, let the cheque deposited in your bank branch, and get that bounced.

Then give a legal notice by any mean.

Then if no reply then file a criminal case at your place.

Police would do their work.

Sanjay Baniwal
Advocate, South Delhi
5464 Answers
13 Consultations

5.0 on 5.0

Hello,

If you have a cheque then you may present the same before the bank and as and when the same is dishonored, you may send a legal notice within 15 days and then may file a case against him under section 138 of the Negotiable Instrument Act.

Regards

Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

You can issue a legal demand notice to the person to whom you have given this loan and obtained the blank cheque and promissory note.

Please ensure that the loan should not be barred by limitation.

If he had been paying the interest on loan or made any repayment within three years preceding the date of this legal notice, you can very well make a demand for return of loan amount with interest

T Kalaiselvan
Advocate, Vellore
78097 Answers
1543 Consultations

5.0 on 5.0

Hi

Send a legal notice to the person to whom to transferred the amount via NEFT and whose cheque you have.

If that cheque is signed and filled with amount then put in bank for encashment after the response of notice. Surely the cheque will bounce then again send a legal notice and then a case under 138NIAct will be filed for the recovery of your amount.

Thank you

Rahul Jatain
Advocate, Rohtak
5365 Answers
4 Consultations

4.8 on 5.0

Respected sir ...

there is a very simple procedure of it ...just fill your amount and put it in bank if there are funds avalable in his account then your money will be easily bank to you else this checque will be bounce and then you have right to fulfill your funds and pay your money if he doesnt pay money within 30 days of sending legal notice then you can file a case under section 138 of negotiable instruments act ...then rest is up to court..court will make your friend bound to pay your money

Thank you

Dinesh Sharawat
Advocate, Delhi
1258 Answers
12 Consultations

4.9 on 5.0

Dear,

Actually, you need to get issued a demand notice to your friend's friend as you have a cheque endorsed as well as promissory note executed by him in your possession. If the cheque is under the validity period i.e, 3 months, deposit the same with your banker. If the cheque bounces, then get him issued a demand notice through a lawyer demanding him to repay the amount. If he fails to pay, file a cheque bounce case within 30 days after receipt of the demand notice by him. In addition to this, if 3 years have not elapsed from the date the promissory note was executed in your favor, file a suit for money recovery also in the jurisdictional civil court.

B Srikiran
Advocate, Hyderabad
37 Answers
1 Consultation

5.0 on 5.0

1. If you have a promissory note executed in your favour by the debtor then you may file a summary civil suit for recovery of money against him to claim the principal with interest and legal cost.

2. Your claim can only be against the person to whom you made the remittance and who executed the promissory note in your favour.

Ashish Davessar
Advocate, Jaipur
30761 Answers
971 Consultations

5.0 on 5.0

If there is no response to the legal demand notice, you may pursue the matter through cheque bounce case.

Complaint with police may not be very effective and it would not fetch desired result.

You may engage the services of an experienced lawyer to handle the subject matter.

T Kalaiselvan
Advocate, Vellore
78097 Answers
1543 Consultations

5.0 on 5.0

cheque bouncing case has to be filed in magistrate court

2)it is not to be filed in police station .

3) cheque bouncing cases take 5 years to be disposed of

4) you should simultaneously file summary suit under order XXXVII of CPC to recover your money

Ajay Sethi
Advocate, Mumbai
87939 Answers
6207 Consultations

5.0 on 5.0

Cheques bounce case is the easiest n best way of recovery of money. File case within 45 days of sending notice.

No effect, even he didn`t rely.

No role of police in cheque bounce case.

U can also file, FIR u/s 420. Fast recovery.

Yogendra Singh Rajawat
Advocate, Jaipur
21481 Answers
31 Consultations

4.4 on 5.0

If you want.to file criminal complaint.You need to File it after waiting for 15 days after notice is sent. If he's government.servant or had property it is better to file civil suit.for recovery of money.

In criminal cases you need get summons issues if he's not there you.need to take police help.

So better fIle civil suit.for recovery of money.based on cheque.

Swarnarka Chowdhury
Advocate, Mysore
1878 Answers
5 Consultations

5.0 on 5.0

1. You are on the right track to recover your money.

2. you have already sent legal notice demanding payment of the dishonoured cheque amount. within a specified time period.

3. If he fails to pay the said amount with in the said period, file the cheque dishoniour case u/s138 of N.I. Act.

4. Engage a lawyer having expertise in this field.

Krishna Kishore Ganguly
Advocate, Kolkata
26602 Answers
726 Consultations

5.0 on 5.0

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