• Friendly loan recovery

I have the pronote signed and blank cheques with me.How to recover a friendly loan of Rs 10 lacs in total from someone in delhi.The loan given in cash so no proof of transection.
Regards Harvinder
Asked 8 years ago in Criminal Law
Religion: Sikh

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7 Answers

1)you should never advance money in cash

2) you dont have any evidence of loan given to the person

3) convince person to send an email or letter acknowledging receipt of Rs 10 lakhs as loan

4) on basis of pronote signed by him you can then file summary suit to recover Rs 10 lakhs with interest

5) you can deposit the cheques and in case dishonoured file complaint under section 138 Ni

Ajay Sethi
Advocate, Mumbai
94729 Answers
7536 Consultations

5.0 on 5.0

1) if the pronote mentions the amount and receipt is also signed by him it would be admissible in evidence

2) you can issue legal notice to the borrower to repay your loan with interest

3) file summary suit under order XXXVII of CPC for recovery of your money

Ajay Sethi
Advocate, Mumbai
94729 Answers
7536 Consultations

5.0 on 5.0

based on the Pronote, you may file a civil suit for recovery against him before the civil court, before filing the suit issue a legal notice to him/her and claim your money back, if he/she is not willing to make the payment within notice period then you can file the case and claim your money along with interest and legal expenses.

Pronote and receipt are valid documents and admitted as an evidence before the court of Law.

Feel Free to Call

Nadeem Qureshi
Advocate, New Delhi
6307 Answers
302 Consultations

4.9 on 5.0

1. Fill up the cheques and present those to bank. If and when they bounce then a criminal prosecution for cheque bounce can be launched against the drawer after following the statutory requirements. This apart, a summary suit for recovery will also have to be filed against him in the civil court.

2. Pronote and receipt signed by the borrower may be sufficient to prove the liability of the borrower.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

Hi, First you have to present the Cheque in the Bank and once you present the cheque it will dishonoured.

2. After dishonour of Cheque with in 30 days from the date of dishonour you have to issue legal notice and wait 15 days and after the completion of 15 days you have to file a complaint with in 30 days.

Pradeep Bharathipura
Advocate, Bangalore
5604 Answers
335 Consultations

4.5 on 5.0

File money recovery suit against the borrower with the help of the pro-note held in your possession.

You can file a cheque bounce case too after the cheques presented before court are returned unpaid for the reasons stated therein.

T Kalaiselvan
Advocate, Vellore
84925 Answers
2196 Consultations

5.0 on 5.0

Pronote signed by him mentuon the amount and receipt is also signed by him

Is it not cosidered as evidence.

Yes, it is certainly considered as a valid evidence. You may go ahead with the money recovery suit through a civil court.

T Kalaiselvan
Advocate, Vellore
84925 Answers
2196 Consultations

5.0 on 5.0

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