• Cheque bounce case

I gave rupees 18 lakhs to my friend for his export business via bank account. For assurance I took 5 cheque equalant to 18 lakh. And 10 blank documents paper nothing written on it just signature. He assured me profit about 2% monthly. And he exported goods to qatar worth rupees 40 laks to his qatar firm. As per rbi norms within 8 months he had to regularize with payment. He didn't bring back the money yet. He didn't give my profit share and not returning the principal amount. He didn't have any fixed asset in India. How do I can pressurize him. Other than cheque bounce case can I report any other case. Like he took INR to qatar not bring back kind money laundering. He saying he met loss can't give back his family is financial strong how we can proceed . We both from Kerala and now he moved to kolkata. How I can pressurize him. He is aware about cheque case but he thinks it will take many years to compete. I gave him from overdraft I unable to make payment towards to my OD
Asked 3 years ago in Criminal Law
Religion: Christian

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8 Answers

Filing a suit for recovery of money is an option. 

Since he us presently in Kolkata such suit will have to be filed in Kolkata. 

Additionally criminal case can be filed. 

For such cases in Kolkata you can contact us.

Devajyoti Barman
Advocate, Kolkata
22779 Answers
484 Consultations

5.0 on 5.0

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

Ajay Sethi
Advocate, Mumbai
94520 Answers
7485 Consultations

5.0 on 5.0

Hi, you can present the cheque in your bank account and it there is no fund in his account then it will bounce then you can start proceedings under Seciont  138 of the Negotiable Instrument Act and in the same  time you can also lodge the  police complaint for cheating, suppose if the police has refused to register it then you can lodge Private Complaint under Section 200 Cr.P.C before the Hon'ble Court.

Pradeep Bharathipura
Advocate, Bangalore
5604 Answers
335 Consultations

4.5 on 5.0

File a Suit for the recovery of your money after giving a notice...

Garima Anil Mehrotra
Advocate, Mumbai
514 Answers
1 Consultation

4.9 on 5.0

Without obtaining any collateral security lending money just on the basis of few blank papers and cheques is not a correct approach to lend a huge amount.

Now you are suffering due to your ignorance at the time of lending the money by not following the proper procedures while advancing loan to your friend.

Besides cheque bounce case, you can file a money recovery suit also and find out if he has any properties on his name.If you get any detail you can seek attachment of the said properties before judgment for the purpose of security to the loan amount advanced to him.

 

T Kalaiselvan
Advocate, Vellore
84711 Answers
2172 Consultations

5.0 on 5.0

You can deposit that cheques and after bouncing can initiate cheque bouncing case against him. This is the easiest way to recover your money through criminal prosecution

Prashant Nayak
Advocate, Mumbai
31807 Answers
175 Consultations

4.1 on 5.0

- You can file cases against him under section 138 of N.i. ACT read with section 420 IPC , 

- This case come under the provision of criminal law , and hence his presence is mandatory on each and every date of hearing . Otherwise court will issue warrant against him. 

- Further you can also file a suit for recovery under section 37 CPC , which is very fast in nature and takes least time to be decreed. 

- Further , if you file a compliant against him for the offence of money laundering etc , then through that complaint you amount cannot be recovered , except an FIR against him. 

Mohammed Shahzad
Advocate, Delhi
13095 Answers
195 Consultations

5.0 on 5.0

The civil remedy for recovery of money is by way of institution of a suit in a court of appropriate jurisdiction. The suit can be instituted under Order XXXVII of the said code. 

Mohammed Mujeeb
Advocate, Hyderabad
19299 Answers
32 Consultations

4.7 on 5.0

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