• Friendly cash loan against receipt and blank cheque

I have given Rs.3,60,000/- in cash in various part payments for  business need to one of my relative in Delhi. He promised me to return the money in parts from time to time and issued Receipt for an amount to Rs.3,60,000/- confirming the friendly loan taken by him and a blank cheque in the month of February, 2014.

I demanded repayment of my money in parts as much he can pay as per his convenience. But he only promised to pay to some amount every time but never paid.

He left Delhi without intimating me in the year 2015. But we both are in touch on phone. 

Now a days he has started his business in Jarmundi, Dumka district of Jharkhand. I am also a permanent resident of Saraiyahat, Dumka District of Jharkhand. He is a permanent resident of Bahula, Burdhman district of West Bengal.

Now I want to present the cheque for encashment and want to file a case to recover the amount.

Please guide the course of action to get my money back to the extent of principal amount which is my hard earned money. I am an Income-tax payee
Asked 1 year ago in Criminal Law from Delhi, Delhi
Religion: Hindu

Hi, you can deposit the cheque in your account in Delhi , to make the jurisdiction in Delhi.. Further, on its dishonour you have to send a legal notice within 30 days as per provisons of 138 NI act .. If within 15 days he do not return money we can file a complaint under section 138 NI ACT.. For further doubts you can get back to me..thank you

Hemant Chaudhary
Advocate, Gurgaon
4306 Answers
31 Consultations

4.9 on 5.0

You can fill in the cheque amount and deposit the cheque

2) if cheque is dishonoured issue legal notice

3) if he fails to pay file complaint under section 138 NI

4) contact a local lawyer

Ajay Sethi
Advocate, Mumbai
68821 Answers
4143 Consultations

5.0 on 5.0

You can file complaint in Delhi if cause of action has arisen in Delhi

2) is the cheque issue of bank in Delhi ?

Ajay Sethi
Advocate, Mumbai
68821 Answers
4143 Consultations

5.0 on 5.0

Dear Client,

Make sure filling of cheque and should be in matching ink & writing.

If it get bounced, send him legal notice within 30 days for refund of amount. Refund period 15 days, failure to which file, cheque bounce case under sec 138 of N I Act with in 30 days.

Jurisdiction will lie where your bank account exits.

Yogendra Singh Rajawat
Advocate, Jaipur
14442 Answers
19 Consultations

4.6 on 5.0

1. If no date has been written on the cheque then you can fill up the said blank cheque and deposit with the Bank.

2. If the chequr is dishonoured, file a case u/s138 of N.I.Act.

3. Do not state that the said cheque is a security cheque on which Section 138 of N.I. Act is not applicable.

4. Put current date in the cheque and with the Money Receipt you already have you can prove his dischargeable liability to issue the said cheque.to attract section 138 of N.I.Act.

Krishna Kishore Ganguly
Advocate, Kolkata
22757 Answers
612 Consultations

5.0 on 5.0

1. You do not disclose that he has left Delhi or not issued the cheque from Delhi.

2. Submit the cheque at the place where the cause of action had arisen.

Krishna Kishore Ganguly
Advocate, Kolkata
22757 Answers
612 Consultations

5.0 on 5.0

Dear client : holding a post dated cheque in lieu of a personal friendly/ business loan is questionable. NI Act U/s 138 is questionable in your case . Your friend have all option open to contest this case if litigation in court is proceeded by you.

So I suggest to follow the following steps before you proceed in 138NI act.

Secondly try to get a written statement signed by your friend where he is acknowledging that he owns you 3.5L and will be returning on or by so and so date.

Thirdly try to keep record of telephonic/ whatsapp/ mail record regarding the transaction.

Forthly deposit the cheque with interest amount ( if it is blank) after you are prepared with the above 2 clauses.

Fifthy Then proceed with a notice under 138 NI Act.

Sixthly your case has lost civil recovery chances since it has crossed the limitation period of three years. Under such circumstances a current date acknowledgement by your friend ( clause 2 above) is required. Under this you can also file a civil suit for recovery based on his acknowledgment of loan 3.5L

Feel Free to revert for further enquiry in this regard

Vijay Sahni
Advocate, Delhi
28 Answers

4.0 on 5.0

You can deposit the cheque and if same is dishonoured you can send a notice to them. Later you can file Complaint under section 138 of Negotiable Instruments Act. You will get your money back.

Prashant Nayak
Advocate, Mumbai
14372 Answers
24 Consultations

4.6 on 5.0

If you have evidences for having given him loan and the if the last date of this loan is less than three years as on this date, you may file a money recovery suit agaisnt him either from your place or from the place where he is currently residing.

The cheque given to you by him in the year 2014 is not valid as on this date.

The cheque is valid only for three months from the date of issue.

You may consult a local advocate and discuss with him on all such further course of action to recover the money.

T Kalaiselvan
Advocate, Vellore
58651 Answers
743 Consultations

5.0 on 5.0

Can I fill the cheque and present to bank. Kindly advice after bouncing of cheque Section 138 of NI Act is attract or not. Since the cause of action arose in Delhi but the accused is out of Delhi. Can I file the case in Delhi

Filling up the cheque of four years old to the present date is an offence, however you may file a money recovery suit in Delhi itself since the cause of action took place in Delhi, but remember that it is not barred by three years time limitation.

T Kalaiselvan
Advocate, Vellore
58651 Answers
743 Consultations

5.0 on 5.0

Yes you can fill the blank and present before your banker. Yes the complaint will be filed in Delhi only. But you need to have his correct correspondence address to serve him a legal notice and court summons.

Laksheyender Kumar
Advocate, Delhi
734 Answers
2 Consultations

4.8 on 5.0

Yes you can fill the cheque and present to bank. After bouncing of cheque, you can file complaint under section 138 at Delhi after giving notice of 15 days to your friend within 30 days from the date of memo issued by the bank You can filed complaint within 30 days after expiry of 15 days notice period.

Vijay Kumar Garg
Advocate, Mohali
17 Answers

4.0 on 5.0

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