1) First send a legal notice to that person.

2) Thereafter you can file civil suit for recovery of money with interest on the basis of the bank statement. Don't worry you will get your money back. But before that serve him with a legal notice through a lawyer.

3) You should file a criminal complaint under cheating (420 IPC) and breach of trust (Sec405 of IPC) with the nearest police station

Dear Client,

Money lending without valid license is invalid. If your want deposit cheque than feed only principal amount otherwise cheque bounce case will not maintainable.

Better deposit the cheque and file FIR u/s 420 IPC, fast recovery. If not traceable file FIR, police will find from mobile location.

Or recovery suit though civil court with interest.

1. Convince that real-estate broker to give the amount due to you by means of a Cheque issued in your favour.

2. Present the cheque to the bank and if it doesn't get you encashment ( if the cheque is dishonoured ), file a case U/S. 138 of Negotiable Instruments Act for cheque bouncing, after serving a legal notice to the real-estate broker.

Deposit the 2 cheques

2) on dishonour of cheque issue legal notice and if accused fails to pay file complaint under section 138 NI

3) also file summary suit to recover your money with interest

Sir are you having a money lending license??

IF yes then only you claim interest amount otherwise no interest can be claimed by you.

Put cheque in the bank the ceques will bounce once the cheque bounce issue notice to the person under 138 NI act if he fails to pay in the notice period. File a complaint under 138 NI act with the magistrate.

1. The agreement appears to be a promissory note to repay the money withing a certain period of time.

2. in that event do not waste time anymore and after expiry of 3 years from the date of default you can not have any recourse under civil jurisprudence.

3. So presently you can file a civil suit for recovery of money to get back your principal and statutory interest.

4. In alternative you can lodge complaint for cheating as well so once Police raids his place on the basis of FiR you can expect your money back shortly.

Firstly get the cheque dishonored and file a civil recovery money suit along with criminal suit under NI Act seeking punishment. If he's not residing in given address its advisable to file civil money recovery suit publish summons in paper and thereafter get exparte order and proceed with execution to attach his office property. Also lodge a criminal complaint with police for cheating and breach of trust

This is my response to you:

1. Take those cheques and deposit them in your bank;

2. If they don't bounce then you get your money;

3. If they do then send a legal notice u/s 138 of NI Act;

4. If he does not reply within 45 days then file a criminal complaint in the court;

5. If he still does not show up then a police warrant will be issued against him for cheating you;

6. If you choose to not file 138 notice then simply go for FIR under 406 and 420 of IPC (though this will take time);

7. Take action immediately because the period of limitation is against you.

1. On the due date of cheques you can present the cheques in the bank. If the cheques are dishonoured then a criminal complaint case for cheque bounce under Section 138 NI Act can be filed by you.

2. A suit for recovery of money is to be filed to recover the principal amount with interest, compensation and litigation cost. The limitation to file it is 3 years from the date on which the amount is to be repaid.

3. The suit and also the cheque bounce case can be filed by you in Bangalore.

1. IF the Loan amount is legitimiate and shown in your own income tax returns, THEN you have following options:

a) Fill in the Blank cheques and Deposit. When the cheque is dishonoured, THEN file criminal complaint against the estate broker, under section 138 of the Negotiable Instruments Act.

b) File civil suit for recovery of the amount within two years of the agreement.

c) File criminal case of cheating u/s 420 of the IPC.

2. The above would compel the broker to come to you for settlement.

Keep Smiling .... Hemant Agarwal

Dear Sir,

You please the cheque and get it bounced and then file a cheque bounce case after issuance legal notice. The more you pass the time less the chances of recovery. This is the only option. The procedure is as follows.

===============================================================================Cheque bounce FAQs

1. In which court do I need to file the complaint case under Section 138 N.I. Act in case drawer did not pay after receiving notice?

A complaint case under Section 138 N.I. Act can be filed in any competent court in whose jurisdiction any of the following acts have occurred:

a) Place of drawing of the cheque,

b) Address of bank where cheque was presented (holders bank address),

c) Address of bank where cheque is payable (drawers bank address)

d) Place from where notice was received by drawer of cheque

a. It is possible that each of these four acts could have occurred at different localities. The complainant can choose any one the above places to determine jurisdiction of court where they wish to file complaint.

2. What can I do if it has been more than 30 days since I received information of dishonour of cheque?

If the cheque is still valid i.e. 3 months (currently) have not passed from the date of its issue, you can represent the cheque again to your banker as there is no restriction regarding the number of times a cheque can be presented and that every subsequent representation and dishonour gives rise to fresh cause of action for filing complaint. It may be noted that once a notice for payment is given then the holder must file a complaint under Section 138 N.I. Act within 30 days from expiry of notice period as a fresh cause of action will not arise if the cheque is presented again and it is dishonoured and failure to file complaint will lead to loss of remedy available under Section 138 N.I. Act.

3. How long after notice has been served can I file a case against the drawer?

After giving notice you need to file a complaint case against drawer under Section 138 N.I. Act within 30 days from the expiry of notice period i.e. 15 days. In other words you need to file complaint case against drawer within 45 days (15+30) from the date of issue of notice. Failure to do so will lead to loss of remedy under Section 138 N.I. Act; however, you can file a summary suit for recovery of money and initiate criminal proceedings under Section 420 I.P.C. within 3 years from date of issue of cheque.

4. What can I do if I do not have the drawer's address?

You need the address of the drawer of cheque to issue notice as contemplated under provisions of N.I. Act; also the address is necessary if you wish to avail other legal remedies available to you. You can send the notice to the last known address. In case the address of the drawer has changed and the drawer has not left a forwarding address and the notice is returned with the noting that addressee is not available at the address or addressee has left without leaving a forwarding address then you need to file a complaint case after 15 days (notice period) of receipt of such information or returned notice and within 30 days from expiry of notice period. Failure to do so will lead to loss of remedy under Section 138 N.I. Act; however, you can file a summary suit for recovery of money and initiate criminal proceedings under Section 420 I.P.C. within 3 years from date of issue of cheque

5. What should I do if the notice was returned and could not be served to the drawer?

When a notice is returned to the sender as unclaimed or with the noting that addressee is not available at the address or addressee has left without leaving a forwarding address then the date of receipt of such information or returned notice would be the commencing date for the notice period of 15 days. Complaint case under Section 138 N.I. Act must be filed within 30 days from expiry of notice period. Such reckoning would be without prejudice to the right of the drawer of the cheque to show that he had no knowledge that the notice was brought to his address or previous address.

6. Can Mohan Law Chambers assist in drafting of legal notice as required by Section 138 of N.I. Act.?

Yes, Mohan law Chambers offers assistance in drafting of legal notice as required by Section 138 of N.I. Act.

7. How long after receiving information of dishonour of cheque do I have to serve notice to the drawer?

You need to serve a legal notice to drawer of cheque demanding payment of cheque amount within 30 days of the receipt of information from your banker regarding dishonour of cheque under Section 138 N.I. Act.

8. What if the cheque was given for a reason other than to discharge a legally enforceable debt or other liability?

In cases where cheque was given for a reason other than to discharge a legally enforceable debt or other liability, the provisions of Section 138 N.I. Act are not applicable e.g. Cheque given as Gift, in charity, donation etc.

9. Can a cheque issued in security attract offence under Section 138 N.I. Act?

With respect to the dishonour of cheques given as security, legal position is not very clear. It is subject to presumption and proof thereof that may be given by either party in support of their case. High Court of Delhi in the case of M/s Datt Enterprises ltd. vs. V.K.Dua held that the security cheque does not attract the provisions of Section 138 N.I. Act., if cheques were given as a security cheque as per past practice and pending reconciliation of accounts and not towards discharge of any liability.

10. What is a legally enforceable debt or other liability?

Legally enforceable debt or other liability should be such which is contracted in accordance with law and which is not opposed to public policy viz., wagering contracts, debt obtained for running brothel or gambling house etc.

11. What is Section 138 N.I. Act and why is remedy available under it preferable to remedy available under other laws?

a. Section 138 N.I. Act was made to provide an additional criminal remedy over and above the civil remedies available; to provide a speedy and effective remedy to holder of dishonoured cheque.

b. Summary suit for recovery of money takes time (approximately 3 to 5 years) and criminal proceedings under Section 420 I.P.C. does not provide any provision for recovery of money and is meant only for prosecution of the drawer of the cheque who entertains dishonest intention to cheat.

12. What is a summary suit for recovery of money?

Summary suit is a civil legal proceeding initiated for recovery of money due under any written agreement, cheque etc. These proceedings are different from normal recovery suit, as here the liability to prove that petitioner is not liable to recover any amount is on defendant for which he needs to obtain leave to defend from the court.

13. What is the validity of the cheque in day to day business?

The current validity of cheques is 6 months. However, please note that from April 1, 2012. The validity will change to three months as per recent directive of RBI (under Sec. 35A, Banking Regulation Act, 1949)

14. What can I do if a cheque given to me has been dishonoured?

a. The holder of a cheque that has been dishonoured can seek remedy in the following manner:

i) Action under Section 138 Negotiable Instruments Act (N.I. Act): Give notice under within 30 days of receipt of information of dishonour from the bank. In case of non- payment by the drawer within the notice period of 15 days, then the holder must institute a complaint case for prosecuting drawer within 30 days of expiry of notice period.

ii) Civil Action as Summary Suit: Issue notice within 3 years from issue date of cheque and institute a summary suit for recovery of cheque amount along with interest and legal expenses. The notice can also be used while filing summary suit for recovery of money.

iii) Criminal Action: Initiate criminal proceedings by filing complaint under Section 420 Indian Penal Code (I.P.C.) within 3 years from issue date of cheque. Please note that there is no provision for recovery of money under Section 420 I.P.C. and this section is meant only for prosecution of the drawer of the cheque when dishonest intent to cheat in inferred.

15. What documents / evidences do I need at the time of filing complaint case under Section 138 N.I. Act?

You will need at the minimum, the following:

a) Proof of service of notice - receipt of postal department / courier

b) Copy of notice

c) Cheque in original

16. What can I do if I do not file a complaint within 30 days from expiry of notice period?

If you have not filed a complaint case within 30 days after expiry of notice period, you can file a summary suit for recovery of money and initiate criminal proceedings under Section 420 I.P.C. within 3 years from the date of issue of cheque.

17. What can I do if it has been more than 30 days since I received information of dishonour of cheque and 6 months has passed from the date of issue of cheque?

a. Other remedies are also available to recover the cheque amount. You can file a summary suit for recovery of money and initiate criminal proceedings under Section 420 I.P.C. within 3 years from date of issue of cheque. In case the cheque was never presented during its validity period then a summary suit is the only available remedy for recovery of money.

(Notice can be given to drawer up to 3 years from date of issue of cheque for instituting a summary suit for recovery of money. Criminal proceedings for prosecution of drawer can also be instituted within 3 years from date of issue of cheque under Section 420 I.P.C.)

18. The drawer is asking me to settle the claim at a reduced value. What should I do?

Its up to you to settle the claim at a reduced value as the same will save your precious time, as well as legal hassle. Now-a-days courts are also encouraging amicable settlement between the parties. However, if you settle the dishonoured cheque amount at a reduced value, you will lose all remedies available under law.

19. What remedy do I have if the drawer delays in settling after conviction?

In a recent 2010 judgement, Supreme Court has laid strict rules to deal with such delaying tactics. Delay in settling cheques bounced will cost up to 20% of the cheque amount post-conviction. This is detailed as: 10% at District Court level; 15% at the High Court level; and up to 20% at the Supreme Court level. For e.g., Defaulter going for settlement will have to pay 10% of the cheque amount to avoid going to the jail.

20. Can I recover interest and legal expenses from the drawer of the dishonoured cheque?

Yes, you can recover interest and legal expenses from the drawer of the dishonoured cheque in a summary suit for recovery of money, but not in the proceedings initiated under Section 138 N.I. Act. However, under Section 138 N.I. Act the award maybe higher than the cheque amount.

21. What should I do if the drawer does not make payment upon receipt of notice?

You can adopt either or any of the remedies available to you:

a) Can file a criminal complaint against drawer of cheque under Section 138 of N.I. Act.

b) Can file a summary suit for recovery of money, interest and legal expenses.

c) Can file a criminal complaint against drawer of cheque under Section 420 of I.P.C. Please note that there is no provision for recovery of money under Section 420 I.P.C. and this section is meant only for prosecution of the drawer of the cheque.

In case a person has filed suit for recovery, then he is not precluded from filing a complaint under Section 138 of the Negotiable Instruments Act and Section 420 of the Indian Penal Code. The pendency of criminal matters would not be an impediment to proceeding with the civil suits.

You may fill up the blank cheques and get it bounced.

After that on the basis of loan agreement and bounced cheques you may issue a legal demand notice to the last known address, Let the legal notice be returned undelivered, you may file a cheque bounce case.

In the meantime you may try to locate his correct address through your sources.

1. File a police complaint against him for cheating,criminal breach of trust. Police will trace him using his mobile signals, whatsapp locations ... etc.

2. Deposit the cheque. If it is not cleared then file another criminal complaint against him.

3. You may discuss with me further.