Lent money to someone have taken blank cheques and aadhar cards

726 votes

It appears that you wanted to type that she is not returning money. Anyway, her Adhar card shows her correct address for you to send notices and summons. You can file a case if her cheque bounces. what other help u want ?

Advocate S.K Prabhakar Shetty LawRato

880 votes

Yes, you can file a cheque bounce case against him, and before filing need to consult lawyer to further process. Else consult and get relief. You have not mentioned what is the amount etc., and brief summary is required.

Advocate Sharanagouda S. Patil LawRato

634 votes

You have right to initiate Dishonour of cheques against her since amount is outstanding and u can present cheque for debt and liability for amount paid and not cheque as security . Present cheque to bank and wait for dishonour endorsement and file Criminal case against her according to 138 of negotiable instrument act

Advocate Nagesh B L LawRato

845 votes

Yes, you can file cheque bounce case against your maid, because your maid is legally liable to pay your lent amount. Further prof of Adhar card is nothing to do with it. So you can file case under section 138 of NI act.

Advocate Sathyanarayana Reddy K LawRato

875 votes

If a cheque is dishonoured

When a cheque is dishonoured, the drawee bank immediately issues a ‘Cheque Return Memo’ to the banker of the payee mentioning the reason for non-payment. The payee’s banker then gives the dishonoured cheque and the memo to the payee. The holder or payee can resubmit the cheque within three months of the date on it, if he believes it will be honoured the second time. However, if the cheque issuer fails to make a payment, then the payee has the right to prosecute the drawer legally.

The payee may legally sue the defaulter / drawer for dishonour of cheque only if the amount mentioned in the cheque is towards discharge of a debt or any other liability of the defaulter towards payee.

If the cheque was issued as a gift, towards lending a loan or for unlawful purposes, then the drawer cannot be prosecuted in such cases.

Legal action

The Negotiable Instruments Act, 1881 is applicable for the cases of dishonour of cheque. This Act has been amended many times since 1881.

According to Section 138 of the Act, the dishonour of cheque is a criminal offence and is punishable by imprisonment up to two years or with monetary penalty or with both.

If payee decides to proceed legally, then the drawer should be given a chance of repaying the cheque amount immediately. Such a chance has to be given only in the form of notice in writing.

The payee has to sent the notice to the drawer with 30 days from the date of receiving “Cheque Return Memo” from the bank. The notice should mention that the cheque amount has to be paid to the payee within 15 days from the date of receipt of the notice by the drawer. If the cheque issuer fails to make a fresh payment within 30 days of receiving the notice, the payee has the right to file a criminal complaint under Section 138 of the Negotiable Instruments Act.

However, the complaint should be registered in a magistrate’s court within a month of the expiry of the notice period. It is essential in this case to consult an advocate who is well versed and experienced in this area of practice to proceed further in the matter.

Advocate Kishan Dutt Kalaskar LawRato