How to recover money when the person is not returning it

660 votes

Dear Client,
Particulars are insufficient. You can file a civil suit for recovery of money. Whether your friend has any assets, or is he an employee. First of all you must see for security of your debt. Otherwise he will file Insolvency Petition. Search for his assets and attach them before judgement for debt becoming secured. You can opt to file a criminal case under dishonoured cheque. You present the cheque after putting the date. You should not fill the date, but it must be filled by some other person. As per Supreme Court citation when date get filled by the choise of drawee it also amounts to dishonour of cheque which comes under provisions of Sectioin : 138 of N.I.Act. You can file a criminal case under dishonoured cheque. If the cheque honoured there is no problem your debt will be realised. Proceed expeditiously before transferring the assets by your friend. Engage an Expert advocate who deals with civil suits for money recovery by attaching the properties of your friend and file a criminal case against your friend under Section : 138 of Negotiable Instruments act.

Advocate Sistla Rama Krishna LawRato

671 votes

You first fillup the promotes with sign of witness and scribe promote .there after you fillup cheque nearest DT To The present time cheque amount principal amount with interest calculated amount or principal amount and there after present the cheque for collection bank authorities issued memo for reasons dishonoured the cheque . issue notice to ur debtor.u are contact me further details

Advocate Daggubati Raghavaiahchowdary LawRato

722 votes

Hi
1) You should file a summary suit against your friend under Order 37 of CPC and claim your money plus interest. Upon getting a favourable order, you can ask the court to attach all of his personal properties to recover your money.
In a summary suit under Order 37, your case will be decided within 6 months unlike other civil suits.

2) you are also entitled to file a criminal case against your friend under Section 138 Negotiable instruments act, by presenting the cheque in your bank and once if it bounces, issue notices to him and file a case under 138 NI within 30 days from date of notice. Your friend might repay the full amount along with interest and also fines imposed by court so as to avoid going to jail. However if your friend chooses to go to jail, you will need to file a summary suit as mentioned above.

3) Please note that though you can file another case under section 420 , your friend will only go to jail (you will not receive money)

Hope this information is useful

Advocate Rajagopalan LawRato