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Q. amount not returning

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Sireesha k

posted 1 month ago

some known person to my son have taken 3L for doing some work and taken an empty cheque as security later he took 45 thousand more but didnt do the work. so I asked to return my money but he keeps on postponing its been 8 months now and I fed up with his dates. Can I drop the cheque and file a case againt him. I have audio recordings also as a proof and transfered around 20k from my accout remaining are cash transactions.
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A. Deposit the cheque,
In all probabilities the cheque shall bounce/dishonor
Send him a legal notice to repay the money within 15 to 30 days.
If in case he fails to comply with the same, file a case under section 138 of the NI Act.
Thanks
Shreyash Mohta

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Shreyash Mohta

Experience: 1 Year(s)

Responded 1 month ago

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A. Dear client as you stated your facts I suggest you to go through step by step.first engage a lawyer. then you can send legal notice through lawyer.in legal notice you should clearly mention prescribed period. if they didn't respond you within stipulated time then you can file money recovery suit annexed with all concerned proofs and evidence. Even you can go through criminal case of breach of trust, cheating.on vidhikarya you can find many lawyers for better resolution.

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Deepak Bade

Experience: 9 Year(s)

Responded 1 month ago

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A. If u have any legal documents between both parties then file money recovery suit against them immediately or send legal notice through lawyer

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Rameshwar Dadhe

Experience: 2 Year(s)

Responded 1 month ago

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Sireesha k

Experience: 1 Year(s)

Replied 1 month ago

I do not have any legal documents except the empty cheque.

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Rameshwar Dadhe

Experience: 2 Year(s)

Replied 1 month ago

U have options to file recovery suit against them immediately under section 138 of NIA

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A. you can present the cheque in the bank after filling it (get it filled by some other person) and if it bounced/dishonor
send him a legal notice within 30 days and if he didn't make payment within 15 days file a criminal complaint under section 138 NI Act

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Suneel Moudgil

Experience: 15 Year(s)

Responded 1 month ago

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A. Dear Sir,
Get issue a legal notice followed by a Civil Suit for recovery of money.

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Sireesha k

Experience: 1 Year(s)

Replied 1 month ago

whats the process sir? Is there any way that he escape from the case?

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