• 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
9899901302
Asked 9 months ago in Criminal Law from New Delhi, Delhi
Religion: Sikh
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
27305 Answers
1485 Consultations
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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
27305 Answers
1485 Consultations
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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
3812 Answers
151 Consultations
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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
19587 Answers
507 Consultations
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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
4200 Answers
149 Consultations
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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
17433 Answers
165 Consultations
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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
17433 Answers
165 Consultations
5.0 on 5.0

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