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
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.
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I have call records of all the conversations & witness of giving money to him . Also I have one blank white papers signed with revenue stamp by the person . Kindly tell me what kind of actions legally I can take . The person works in government school
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
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
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
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.
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.
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.
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.
You can bounce that cheque and take action against him under the negotiable instruments Act 1881. It's a criminal offence
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
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.
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
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
You may take action as advised above.
before taking action, send a legal notice to the said person.
Regards
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.
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.