In case cheque is dishonoured issue legal notice to make payment within 15 days
if no payment made file case under section 138 NI for dishonour of cheque
My relative is not returning the money which I had given a year ago thru NEFT ( bank transfer). There is no written agreement . The relative issued 2 cheques dated 19.8.20 ,but said to wait for 15 days before submitting the cheque for clearance. I doubt there is no Money in the account. What r the legal steps I can take against my relative to get my money back.
In case cheque is dishonoured issue legal notice to make payment within 15 days
if no payment made file case under section 138 NI for dishonour of cheque
- Since you have paid the amount through NEFT , then this can be used as a proof of the payment of loan amount to him.
- As per RBI , the limitation period of a cheque to be encash is limited to 3 months from the date written on the cheque , however for the recovery period of amount is 3 years from the date of cheque date if file a civil recovery suit before the court.
- Hence, if the said relative not refund the amount within 15 days time as given by him , then you can deposit the said cheque before the bank , and if bounced then send a legal demand notice to the said relative for the payment .
- If said relative not refund your amount within a period of 15 days , then file a case under section 138 of N.I,Act .
- The said relative will have to take bail from the court after receiving the summons of the court.
- But he can settle the case filed by you , after paying the amount to you.
The cheque should be submitted and if they bounce then send a legal notice and file a case under the negotiable instruments act.
The cheque dated 19.8.2020 is valid for three months from that date.
You can present the cheque for payment after 15 days as requested by the borrower.
If the cheque is returned dishonoured, you may initiate cheque bounce case as per law besides filing a money suit for recovery of money.
Please put the cheque into your account in your bank if bounced/ dishonored then issue legal notice under section 138 b of N I Act for the Criminal Prosecution of the accused who gave you the cheque as repayment of loan.
You may file civil suit for recovery of loan from your relative.
Since the money was transferred electronically you don't need any further proof.
Now giving you signed cheques is another such proof.
Therefore if and when the cheques are dishonoured you have the option of filing case under 138 NI Act.
In such cases you can get double the money drawn on such cheques.
In addition you can file criminal case of cheating as well.
You need to bounce the cheque then send legal. Notice under section 138 NI Act then file a criminal complaint before magistrate court.
Since you have all the evidence of payment you can file a money suit to recover your amount along with all the deleted document you can file criminal case in case there is any criminal breach of trust.
OPTION 1:
1. Deposit cheque and IF cheque bounces THEN file Cheque Bouncing case u/s 138 of the N.I.Act, in the local Magistrates court. AFTER receiving Court Summons /Warrant, the relative might come down for settlement.
OPTION 2:
2. File Recovery Suit in the local Civil Court, with proper documentary evidences and witnesses and request for principal amount, interest, damages & compensation.
Dear Ma'am/Sir,
1. If the cheque is dishonoured, you will have to issue a legal notice calling upon your friend to pay the entire amount within 15 days. If he fails, you can institute Section 138 NI Act proceedings in order to recover the cheque amount.
2. You can also lodge a criminal complaint for offence of cheating.This will act as a coercive action.
3. You also have an option to file a civil suit for recovery of money.
Written agreement is not necessary. The NEFT transaction and post dated cheques would be suffice to prove the friendly loan.
If you happen to talk to your friend, make sure to record the conversation. It will be helpful in future.
Best wishes.
You have amount transfer proof. Deposit the cheque in given time, if bounced, initiate cheque bounce proceeding.
Due process is followed in cheque bounce cases. Notice of demand within 30 days of C bounce, 15 days for payment, if not paid than compliant will file in court within 30 days.
After cheque bounce (whatever reason) you have to send a legal notice, you have to mention the reason of cheque bounce, and demand that clear the outstanding within 15 days. If he do not clear the your outstanding then you have to file a complaint case under section 138 of N.I. act. Note-: Cheque bounce is Criminal Offence.
Dear Sir,
You are suggested to submit the cheques for the realisation and if the cheques get dishonored file the case against the specific provisions of the cheque bounce.