• Debt recovery when promissory note and cheque is in place

Hi,

We lent money to a friend through bank transactions(IMPS). We made sure we transferred all the amount of Rs. 12 lacs through bank. Now she not responding to the calls or see no signs of repayment.

She has given a Cheque with the amount mentioned (of the same person to which I have transferred) and Rs.100 promissory note stating that if she cannot repay back within 3 months, I can take any legal against her. But I have waited for 6 months as she is delaying the payment saying different reasons. 
Can I know what are my legal options? 

Thanks in advance.
Asked 6 years ago in Criminal Law
Religion: Hindu

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14 Answers

File a suit for recovery

Netra Mohanchandra Pant
Advocate, Navi Mumbai
1590 Answers
5 Consultations

file summary suit under order XXXVII of code of civil procedure to recover your money with interest 

 

2) you can also present cheque and if dishonoured file complaint against her under section 138 NI 

Ajay Sethi
Advocate, Mumbai
99779 Answers
8145 Consultations

File complaint under section 138 NI if cheque is dishonoured 

Ajay Sethi
Advocate, Mumbai
99779 Answers
8145 Consultations

You can bounce the cheque and file criminal case or cheque bouncing against them.  You can also file civil case of recovery against them

Prashant Nayak
Advocate, Mumbai
34515 Answers
249 Consultations

Hello,

You may go ahead and present the cheque in the bank and as and when the cheque gets dishonoured you may initiate the proceedings under section 138 of the negotiable instrument act for the dishonour of the cheque.

 

Regards

Anilesh Tewari
Advocate, New Delhi
18103 Answers
377 Consultations

See if the cheque is still in validity period you can put that before the bank and in case it return unpaid you can proceed to give her notice and can file 138 NI act complaint.

Further if validity of cheque is expired then in that case you have to file a civil suit for the recover of the amount.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

 You may get in touch with me if you need any assistance in filing the case before the court in Bangalore 

 

Anilesh Tewari
Advocate, New Delhi
18103 Answers
377 Consultations

Deposit cheque and get it bounced. Than file police complain u/s 420, 406 IPC. and cheque bounce case. First issue her legal notice.

Yogendra Singh Rajawat
Advocate, Jaipur
23081 Answers
31 Consultations

Dear Sir,

If you have undated cheque then get it bounced and file a cheque bounce it is the easiest way to recover under threat of arrests. Promissory note gives you a right to recover upto 3 years. Please speak to expert and decide.

======================================================================

Cheque bounce FAQs Negotiable Instruments Act

1A. Amended Cheque Bounce Provisions- 143A & 148…what is it?

Ans:  Section 143A- It empowers the Court to order the drawer of the cheque to pay Interim Compensation  - 20% - Without depositing this amount the accused cannot defend the case.

Section 148 – It empowers the Appellate Court to order payment pending the appeal against conviction

The Appellate Court may order the appellant to deposit an amount which shall be a minimum of 20% of the fine or compensation awarded by the trial Court.

This amount shall be in addition to the amount already paid by the appellant under Section 143A.

It received the assent of the President and was notified in the Official Gazette on 02.08.2018

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.

Kishan Dutt Kalaskar
Advocate, Bangalore
6230 Answers
499 Consultations

issue a legal notice to your friend then file a recovery suit based on the IMPS transaction, civil remedy to recover the money along with interest is maintainable in your case. 

Mohammed Mujeeb
Advocate, Hyderabad
19325 Answers
32 Consultations

You may file a recovery money suit against her and may file a case of cheque bounce as well after getting cheque bounced and a subsequent legal notice to pay the amount.

Please remember the interest can not be claimed in friendly loan.

Vimlesh Prasad Mishra
Advocate, Lucknow
6851 Answers
23 Consultations

Get the cheque dishonored for half of the amount and file a criminal complaint under section 200 CRPC and also with the promissory note fill the other half amount and file a civil suit for recovery of money in the court. Ensure her residence before filing a suit

Swarnarka Chowdhury
Advocate, Mysore
1879 Answers
5 Consultations

You first issue a legal demand notice demanding your amount, if she fails to respond or comely with the demand, then you can file a money recovery suit or summary proceedings to recover the amount 

T Kalaiselvan
Advocate, Vellore
89978 Answers
2492 Consultations

You should present the cheque in bank and if the cheque bounce as expected by you. Contact a lawyer and send legal notice of section 138 NI ACT. 

If she doesnt return the money with in 15 days you can go ahead with complaint of section 138 NI act. In this you can use Promissory note as evidence of your claim. 

Second way is you can file a summary suit for recovery using the promissory note which can be fast way to recover money.

Mohit Kapoor
Advocate, Rohtak
10686 Answers
7 Consultations

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