Fill the cheque and present in the bank if bounced file a case under Sec.138.

Dear sir,

you can present the cheque by filling the amount you  require and then you can  present the cheque. if it is not cleared, you can file a complaint case where you can recover the amount which will be double the cheque amount and litigation fees.

hope that solves your query.

you can contact me for consultation, if any.

YUGANSHU SHARMA

ADVOCATE

Why don`t you fill the cheque property and deposit in bank, If bounced, issue notice to make payment in 15 days. If not paid, file cheque bounce case or criminal complaint u/s 420 IPC. fast recovery.

1)deposit cheque for balance 60 per cent amount 

2) in event cheque is dishonoured you should file complaint under section 138 NI for dishonour of cheque 

3) also file suit to recover balance amount 

You can put your balance amount in the said cheque and and get the cheque bounced and file a case against him under negotiable instruments Act. 

You should fill out the cheque and present it for encashment. If it is dishonoured, you will have to issue legal notice to him within 30 days from the date of receiving “Cheque Return Memo” from the bank.

After receiving the notice, if the drawer doesn't make the payment within 15 days from the day of receiving the notice, then he commits an offence punishable under Section 138 of the Negotiable Instruments Act, after which you can file a complaint against him under the said act to a magistrate.

If he is not returning your money then you have legal remedy under both civil and criminal jurisprudence.

So you can file a civil suit for recovery fo money and criminal case of cheating as well.

if you have documentary proof of payment of money then your case has good merit.

See you can fill the amount and can present cheque before court.

In case cheque bounces you can give a notice file 138 NI complaint against the person.

If cheque sate id passed then you have to file suit for recovery.

1. If he has not put any date on teh cheque, then put the date and deposit it now for clearance.

2. If the cheque is dishonoured, take action u/s 138 of N.I.Act againbst your said friend to claim the dues.

3. Never  ever, mention anywhere that the said cheque was a blank cheque you had taken as a security for the said loan provided to him.

The cheque must have expired by now therefore you should file a case in the city civil court for recovery of money....a recovery suit.

Regards 

If the cheque is not barred by limitation, then you may present the cheque before court, get it bounced and then issue a legal demand notice to him.

If he is not complying i=with the demand made, you may file a cheque bounce case for recovery of your amount.

The first step would be to send a legal notice to the person concerned and see if the opposite party complies with you or not. If this does not work you can always file a suit for recovery along with interest. 

1)  one time you can produce cheque in the bank and get bounced with insufficient balance in account and than you can file case against him under section 138 of Negotiable Instrument Act, 1881. 

2) Section 138 of Negotiable Instruments Act, 1881. The payee or holder, during validity of the cheque, makes a demand for payment of money specified in the cheque by giving awritten notice within 30 days of the receipt of the information from the bank that the cheque was returned as unpaid to the drawer of the cheque.

Dear client 

First of all don't disclose in the court that debt is more than three year old and your claim can be dismissed because of that. 

And you can present the cheque in bank and send him legal notice under section 138 of Negotiable instruments act and file a complaint case under the same if he doesn't return the amount in 15 days.