amount not returning

5 years 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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Munish Goyal

Responded 4 years ago

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A.Dear Sir,

Thanks.
Cheque bounce is a criminal offence and covered under negotiable instruments act. Person can get 2 year Punishment and double the amount as fine.

Regards
Munish Goyal Advocate

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Shreyash Mohta

Responded 5 years ago

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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Deepak Yashwantrao Bade

Responded 5 years ago

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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Rameshwar Dadhe

Responded 5 years ago

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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Sireesha k

Replied 5 years ago

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

Rameshwar Dadhe

Replied 5 years ago

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

Suneel Moudgil

Responded 5 years ago

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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Kishan Dutt Kalaskar

Responded 5 years 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

Replied 5 years ago

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

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