Gave loan to a person he gave me cheque and it got bounced

807 votes

If your case is already pending in Court then you must consult your lawyer who is handling your case presently for the effective resolution of the dispute and you must also keep trust upon him, otherwise such an act of yours for consultation to different forums despite you have engaged a lawyer and you are satisfied with him, does not look good. Thanks

Advocate Navin Thakur LawRato

608 votes

Sir,

You have to prove that u have given him the money .

Advocate Kapil Chandna LawRato

748 votes

Primary thimg is why did the cheque got dishonoured. Secondly cheque bounce proceedings are for only dishonoured cheque. since there is a bounced cheque means other party has to explain, you dont need to explain why that cheque was given to you. For recovery of loan you will have to initiate separate proceedings.

Advocate Ankit Chaturvedi LawRato

917 votes

Sir, you may contact your lawyer, as he may advice you the best about the evidences involved in this matter. You gave him 5 lakh cash, but that amount might have been arranged from somewhere. Secondly, he gave you cheque, so cheque was given as security, so any case U/s 138 NI Act is not made out. however, if you can show that the cheque was given in lieu of returning the money, then it will surely come under section 138 NI Act, which is criminal proceedings. However, you may file a case for summary suit Under Order 37 of CPC which is the best adviced in the present circumstances. But in every case, you have to show that from where did you arranged that money.

Advocate Manish LawRato

921 votes

Yes criminal as well summary civil recovery case can be filed in the appropriate court of jurisdiction and the opposite party can be compelled legally to return your due amount..Civil recovery case attracts proper court fee for processing the case.

Advocate Rajive Maini LawRato