• I am owed huge amount of money from a person

One person has taken around 8 LAKHS of money from me by giving blank cheques without dates around 3 years back .he has not returned yet.
He is dargging me for years saying different issues .
Previously he took few LAKHS and returned in time with good benefit .
But when he took 8 LAKHS he is failing to return .
I have been paying huge amount of money as interest as I have borrowed the money from other sources 
Kindly help.
Asked 6 years ago in Criminal Law
Religion: Hindu

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17 Answers

Hi,it is advisable to deposit the cheques in your account and get them dishonoured...You can later file a criminal complaint under section 138 NI Act to recover your money 

Hemant Chaudhary
Advocate, Gurgaon
4632 Answers
67 Consultations

Your claim is barred by limitation as 3 years have passed since loan was taken and you have not taken any legal proceedings to recover your money with interest 

 

however if borrower has acknowledged his liability   limitation  period period gets extended 

Ajay Sethi
Advocate, Mumbai
99851 Answers
8148 Consultations

You can file police complaint of cheating  under section 420 of IPC against borrower for failing to return your money 

 

civil suit is barred by limitation but criminal complaint is maintainable 

Ajay Sethi
Advocate, Mumbai
99851 Answers
8148 Consultations

1.  You have option of depositing the blank cheques in Bank.  IF the cheques get dishonored THEN you can file criminal case of cheque bouncing on the opposite person u/s 138 of the N.I.Act.

2.  HOWEVER, the above is possible if the money transaction is official between both of you.

3. You can also file a Police FIR, requesting investigation and charge-sheet, for offences like cheating, intimidation, fraud, breach of trust etc.... against the person, supported with all relevant supporting documents.

4. IF the Police does not take action, THEN you can file private criminal case u/s 156(3) Cr.P.C., in the local Magistrates court, seeking directions to the Police to investigate and file charge sheet. The said Person may come down for settlement.

Hemant Agarwal
Advocate, Mumbai
5612 Answers
25 Consultations

you can file a civil lawsuit before the JMFC (Judicial Magistrate First Class) for recovery of borrowed money under Order XXXVII (Summary Procedure) of Civil Procedure Code 1908.

Mohammed Mujeeb
Advocate, Hyderabad
19335 Answers
32 Consultations

contact local lawyer and issue legal notice to him. 

Mohammed Mujeeb
Advocate, Hyderabad
19335 Answers
32 Consultations

1. See fill the amount and put cheque in the bank in case the cheque bounces give 138 NI act notice and if on notice he fails file cheque bounce case.

 

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

Further you need to show the legal debt as amount given to him shown in your ITR or the proof that you borrowed and given him.

ALong cheque bounce 420 and 406 ipc case can be filed. 

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

You can bounce that cheque and take action against him under the negotiable instruments Act 1881. It's a criminal offence

Prashant Nayak
Advocate, Mumbai
34569 Answers
249 Consultations

what mode of payment was adopted by you while giving him 8 lakh?

fill up the cheque and present in the bank and if bounced start 138 NI Act proceedings against him

 

Suneel Moudgil
Advocate, Panipat
2386 Answers
6 Consultations

You fill up the blank cheques and deposit the same before the banks for encashment, let it be returned for insufficient funds, you may issue a legal demand notice and then file a cheque bounce case against him after that if he is not complying with the demands made.

 

T Kalaiselvan
Advocate, Vellore
90055 Answers
2499 Consultations

Since the person is a government employee, he may be worried about his government job,m hence you can very well initiate proper legal steps as suggested by first filling up the blank cheque, get it bounced and then issue a legal demand notice.

If he fails to comply then file a cheque bounce case under section 138 NI act.

It is a criminal case hence he will be scared once he receives a summons from court.

You will get some solution once you are taking legal steps on this 

T Kalaiselvan
Advocate, Vellore
90055 Answers
2499 Consultations

Fill in the cheque and as and when the same is dishonored, file a case against him under section 138 of the negotiable instrument act for cheque bouncing. Send a legal notice to him before presenting the cheque   

Anilesh Tewari
Advocate, New Delhi
18103 Answers
377 Consultations

You may take action as advised above. 

before taking action, send a legal notice to the said person. 

 

Regards 

Anilesh Tewari
Advocate, New Delhi
18103 Answers
377 Consultations

On that blank paper write at top a Promissory Note and write down all details as promissory notes and show to that person that he has to pay balance amount accordingly promissory note otherwise you are going to make complaints against him.

Ganesh Kadam
Advocate, Pune
13008 Answers
267 Consultations

Dear Client 

First you should make a promissory note on the stamp paper you have taken from that person.

Then you should present the cheques in your bank account for withdrawal of money if they get bounce then you can proceed with sending a legal Notice to him and if he still does not pay the money then go ahead with Complaint under Negotiable instruments act Under section 138 to recover your money. 

Mohit Kapoor
Advocate, Rohtak
10686 Answers
7 Consultations

  1. As per the information mentioned in the present query, makes it clear that you have given the amount, but now that person is not giving back.
  2. It is right that you have cheques which show his liability to pay you, but the questions comes as to what amount he is suppose to give you back as cheques are blank and if you write something in it then it will be cross case on you.
  3. So, you need to use the evidences that you have wherein he has admitted that he has taken this much of amount.
  4. Then file a suit for recovery before the civil court of law along with the interest rate of 18 percent from the date of filing the suit till final outcome of the suit or money paid.

Sanjay Baniwal
Advocate, South Delhi
5477 Answers
13 Consultations

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