• Relative not repaying 1,00,000. Cheque bounced.

In the month of June 2014 I gave Rs 1.5 lakh to one of my relatives for his personal purpose reside at kolkata. We don't have any agreement for that. I have the bank transaction details that money had been transferred . He was supposed to pay back with in Jan-Feb 2015 as a verbal commitment. 
In the month of January 2015 he gave me a bank check for Rs 50000. But the check was bounced.
After that he blocked me from all social sites. He is not entertaining me parent when they visit him. I am working at different state that's why couldn't meet him personally frequently. But can understand his mentality of not refunding the money.
I have following proofs -
1) Bank AC statement for transferring money to his account
2) A bounced check of Rs 50000
2) SMS/whatsaap chat for transaction and followup  
My question is what are the legal steps is opened to me for recovery? is bank statement, bounced check and mobile phone messages are enough for proceeding in a legal path?
Thanks in advance   
Asked 1 year ago in Criminal Law from Kolkata, West Bengal
Religion: Hindu
1. You have not mentioned the date and the reason of bouncing of the cheque.

2. If the cheque was bounced on ' insufficient fund' then present the cheque once again and get is dishonoured.

3. This is so because you have lost the time to file the case. This time when the cheque bounces again send him a legal notice within a month and then file the case.

4. Alternatively you can file case of cheating and civil suit for recovery of money.

5. The documents you have mentioned are enough to file necessary action.

Feel free to contact since you are from Kolkata.
Devajyoti Barman
Advocate, Kolkata
5154 Answers
54 Consultations
4.9 on 5.0
1. You failed to make use of a very potent legal weapon in your armour-the weapon of cheque bounce  prosecution.

2. You should have issued him a lawyer's notice within a month and then filed the case for cheque bounce in the court if he did not pay back the amount to you.

3. You cannot file the case of cheque bounce now as you are past the time limit within which the process had to be initiated.

4. Now the only legal recourse available to you is to file a lawsuit for recovery in the court.

5. The bank statement and bounced cheque which you have in possession can be used by you in the court to substantiate your claim.

6. Mobile phone messages can also be used in the court.
Ashish Davessar
Advocate, Jaipur
18057 Answers
445 Consultations
5.0 on 5.0
Hi,
 1. If the cheque date  has not complete three months time , present it again and send a legal notice demanding the money , and proceed in the court with a cheque case under 138 of The Negotiable Instrument Act. for Rs. 50,000/
2. You can file a civil suit of recovery after sending him a legal notice .
3. to establish  the transaction of a HAND LOAN the bank details are enough , you need to prove that there was  a verbal agreement and contact to return the money.
4. Your parents can be witness 
5. The returned cheque and the communication details in chats also can be produced as evidence.
Thresiamma G. Mathew
Advocate, Mumbai
1316 Answers
85 Consultations
5.0 on 5.0
Dear Querist

as per the section 138 of N.I.Act you have to send a legal notice to him within one month from the bouncing of cheque/receiving the return memo from the bank and if he is not making the payments within 15 days of the receipt of the notice then you may file a complaint against him before court within 30 days, if time has been lapse then you may file a civil suit for recovery before civil court under order 37 of CPC. all the documents are sufficient 
Nadeem Qureshi
Advocate, New Delhi
3517 Answers
129 Consultations
4.9 on 5.0
1. When the check bounced, you were required to send him  a legal notice gib=ving him specified time to make the payment and failing that you also were required to file a case u/s168 of N.I. Act with in the specified time,

2. If you had not done any such thing then you lost opportunity to use that legal recourse against him,

3. However, you can file a Recovery Suit against him for recovering the said amount with damage and cost. 
Krishna Kishore Ganguly
Advocate, Kolkata
12043 Answers
228 Consultations
5.0 on 5.0
Hi,

You have bank statement as proof of transaction. 
You have to send statutory notice to him calling upon him to return the money as the cheque got bounce. If he doesn't pay up, then file Private Complaint under Section 138 of Negotiable instruments Act. 

The complaint under above referred section is Criminal in nature. It will make it easy for recovery. 

Immediately engage Local advocate for completing legal formality and to initiate complaint. 

Regards,
Sandeep Hegde
Advocate, Bangalore
361 Answers
97 Consultations
4.8 on 5.0
For the bounced cheque a case of negotiable instrument can be filed against your relative however in the absence of the agreement, the verbal assertions needs to be proved in the court as evidence. the Sms and the whatsapp chat must be submitted as evidence to show the verbal commitment between you and your relative. Besides the NI case, you can also file a suit for recovery of money against your relative. The bank statement, evidence as to the acknowledgment of debt and the bounced cheque are sufficient for this purpose.
Shaveta Chaudhary (Sanghi)
Advocate, Chandigarh
821 Answers
60 Consultations
5.0 on 5.0

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