Friend of mine give me two blank checks with his signature because he owes me 6 lac how to ask for money now its been 2 years he his avoiding to talk and ignoring the money should i deposit the check.
Asked 6 months ago in Civil Law from United States
You can deposit the cheque
2) on cheque being dishonoured issued legal notice to pay your dues within period of 15 days of receipt of notice
3) if he fails to make payment file complaint under section 138 NI for dishonour of cheque
4) also fle summary suit to. recover your dues
Yes have to deposit Cheque in your bank account and Cheque return unpaid you have issued a statutory notice under s 138 of NI Act through advocate demanding him to repay the Cheque amount within 15 days from the rate of receipt of notice failings which actions will initiated against him. Even after notice also he had not paid the amount then you can file criminal case against him. Now the validity of Cheque is 3 months from its date it means you have to the Cheque within 3 months from the date on it. Cheque may be return for insufficient funds or account closed still he is liable for prosecution. Cheque bouncing case can be also filed through a power of attorney
Fill up the cheques and put them for presentation to the bank. If the cheques get dishonoued due to insufficiency of funds in his account then a criminal complaint for cheque bounce may be filed after issue of a demand notice to him. This apart, a civil suit for recovery may also be filed against him. To succeed in the court you will have to prove that the cheques were given for a legally dischargeable debt.
You should fill up the check and present it through your bank account.If the cheque being dishonoured then issue a legal notice to pay your dues within period of 15 days of receipt of notice .If not get a replay or if he fails to make payment else then file a suit under the ground 138 of Negotiable Instrument act .
You can choose two option,
1. File criminal case
2. File civil suit for recovery of money
You have to prove that the cheques was issued for a legally dischargeable debt
You can fill up the cheque to the amount he is liable to pay you and present the same to the bank for collection.
If it is bounced then you may initiate legal actions as per the provisions of law in this regard.