How to proceed with recovering money

554 votes

Hello,

Is there any contractual agreement between you and your friend that mentions his liability in case he is defaulted on repaying you the money? Or is there any bonafide undertaking given by your friend that he will repay the money once the task for which he has taken money from you completed or before any specific event or any evidence available with you to show that he gave you the cheque for discharging his liability? If all these are present, present the cheque with your banker and get the cheque bounced and thereafter, send a demand notice to your friend and if he doesn't repay, file a cheque bounce case against him. You can also simultaneously file money recovery suit against your friend in the jurisdictional Senior Civil Judge court.

Advocate B. Srikiran LawRato

563 votes

Present the cehque for encashment in your bank. It will return saying that "Funds Insufficient". Give legal notice to the Address which is mentioned in the Bank Account details. Then File criminal case under sec. 138 of N.I.Act. The Court will send notices to the address you have given. If it is returns, you have to find out the correct address and file the same before the court. Even after several notices, that person intentionally evades the notice, pray the court to order for PROCLAMATION by way of paper publication. It is deemed as Notice service and NBW (Non Bailable Warrant) will be issued against that person. Once NBW is issued it is the duty of the police to arrest him. You have to cooperate the Police where he is presently residing.

Advocate Ravinder Pasula LawRato

584 votes

Hi
First and foremost, you need to know the current residential address of your friend who has cheated you.
Once you have the current residential address file a cheating case under section 420 in the nearest police station.
You can also file a criminal complaint in the court under section 138 of Negotiable instruments act.

Advocate Rajagopalan LawRato

914 votes

You ought to have obtain a promissory note besides the cheque for the utmost safety of your money.
Now comming to the present matter, firstly secure the present address of your friend (the barrower) later present the cheque at your banker. At the time of depositing the cheque with your banker you must obtain the counter foil of the bank deposit form and keep it with you. After dishonour of the cheque, approach an Advocate with the dishonouredishonoured cheque, the cheque return memo by the banker and the counter foil. Then your advocate issues a legal notice to your friend and latter file a case in a magistrate court.
Note: time is very important. When you collected the dishonoured cheque, approach your Advocate immediately to follow necessary process with in stipulated times.

Advocate Kadagala Rambabu Naidu LawRato