quesFriend's cheque given to return my money bounced

I am Canadian citizen and I've been working in Canada for the last 10 years now. I gave 5 lacs to one of my friend in Jaipur. It's been 2 years and I have not received the money back. He keeps hooking me up with false promises. Last year, when I went to India I made him sign an agreement on the Non judicial stamp and he gave me a cheque for the aforesaid amount. My brother deposited the cheque in the bank which bounced back due to insufficient funds. I even sent him a legal notice but he willing did not receive it. I wish to file a court case against him.

In this regard I have some queries:

1. Can we file a case even though he did not receive the notice. (Address is 100% correct)
2. What will be the time period to file the case in this situation.
3. Is it essential that i must be in India (in court) to file case, or any one else can file the case on my be half in my absence?

  • ansVerify that your notice was returned for what reason? Whether it was because of a wrong address or your friend actually refused to take the notice. What is the endorsement of the legal notice, 'refused' or 'not found'? If not found, then a fresh notice within this time frame will have to be issued after expiry of 15 days initiate proceeding u/s 138NIAct.

    The time limit is one month for issuing legal notice, from the date of notice of dishonour of cheque, then 15 days time to give repayment and on expiry of 15 days another one month for filing of case. The time of one month for fling of case can be extended for further period if there is proper reason for delay.

  • Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at LawRato.com and has been responded by one of the Criminal Lawyers at LawRato.com to address the specific facts and details. You may post your specific query based on your facts and details to get a response from one of the Lawyers at LawRato.com or book a Detailed Consultation with a Lawyer of your choice to address your query in detail.
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