Asked in Recovery
you can file a case by bouncing the cheque and file a criminal case in the Magistrate Court. it's a summary case. it will end by 6 months
you can pursue both civil as well as criminal actions against the borrower. a case for cheating is made out as since inception the borrower had no intention to repay your money. similarly you can also file a civil suit for recovery of your money. the matter is not at all time barred since the borrower has not yet refused or denied his liability to repay and the time for repayment for being extended mutually by the parties. i do not agree with the views of other lawyers above.
if cheque is valid then deposit it immediately and if it bounce then send notice as per NI act within 30 days. you will get your money.
Dear Sir, It being a civil case you cannot file criminal case unless you manage the Police. Better take the good officers of police and see that post dated cheque is issued by him so that in future you can file cheque bounce case easily recover the same. You cannot file civil case as it seems time barred. Please give me rank after viewing my details. Please call me for further assistance.
Dear Client you may file case under NI Act For further assistance please contact me Thank you
Dear client, File a civil suit under Order 37 of CPC which allow the individual to file a summary suit. Otherwise, approach for a temporary injunction in Daughters property which results in speedy recovery of the borrowed money. For more Queries, please contact. Thank you.
1. you can fill and present the cheque in the bank and can start the litigation to avoid time limitation since the transaction happened in 2018, 2. her daughter, if acquiring her father's property is liable to clear the dues also, and, you can recover money from her also but only after his (your friend) death.
not possible to recover the amount as she has no concern with the cheque or not got any property from father or not was the guarantor.
Do you have any license to do banking business and to give loan and draw interest? If no, then your lending business is illegal. In given case daughter is under no legal obligation and duty to pay the loan amount of her father. Cheque given as security does not attract any prosecution under section 138 N.I.Act. The transaction between you and your friend is civil nature dispute and no case of cheating is made out. Utmost you can file suit for recovery and if there is any written agreement then you can claim interest at stated interest of 18%. Advocate Siddharth Srivastava
File a Money Recovery Suit against them or You may file a Criminal Case for Cheating both are different proceedings so for more clarity you may contact us then I'll elaborate properly. Advocate Anurag Bhatt
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