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Friend paid through cheque which was invalid, how to recover money
26-Jan-2023 (In Recovery Law)
I have given 5 lakh rupees to my. Frnd by rtgs in august mnth for 3 mnth now that time he gave me a cheq.i have submit it to my bank . But there is show stop payment . Is there any way to get my rupees.
Hi
You must immediately send a legal notice under section 138 of negotiable Instruments act with in one month from the date of return of cheque and proceed to file a criminal Complaint if he doesn't pay within 15 days of receiving the legal notice.
You must immediately send a legal notice under section 138 of negotiable Instruments act with in one month from the date of return of cheque and proceed to file a criminal Complaint if he doesn't pay within 15 days of receiving the legal notice.
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Adv. Amit Kumar
Gurgaon | 25+ Answers
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Dear Client
you can file complaint against him under section 138 of NI Act.
For a Cheque, issued against a legal liability, even stop payment shall attract penal action, on conviction.
for further clarification/information you can call/meet me.
Regards
you can file complaint against him under section 138 of NI Act.
For a Cheque, issued against a legal liability, even stop payment shall attract penal action, on conviction.
for further clarification/information you can call/meet me.
Regards
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Adv. Suneel Moudgil
Panipat | 200+ Answers
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As per your query since your friend had instructed his bankers to stop payment, he is liable under Section 138 Negotiable Instruments Act. You should send him a legal notice within 30 days of return memo from bank giving him 15 days to pay the amount from date of receipt of legal notice. If he doesnt, you will have to file a complaint before Magistrate within 30 days of expiry of 15 days for payment of amount. You can additionally file a recovery suit by showing your bank statement that you had got deposited the said amount in his account as a loan to him and for return of which he had issued you a cheque which got dishonoured for stop payment. This will prima facie be enough for civil court to issue notice in recovery suit.
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Adv. Aayush Chandra
Delhi | 25+ Answers
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yes. there are two ways either you can file a complaint under section 138 of negotiable Act or you can file civil recovery suit on basis of the cheque given to you. out of these two complaint under section 138 of Negotiable Act is more Advisable as it is prompt and on given facts chances of your winning case are more.
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Adv. Vikram Chauhan
Panchkula | 25+ Answers
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Yes... By filing a complaint against your friend, you can recover your money, but make sure that after getting return memo of cheque, you must give a legal notice within one month from the date of return memo of cheque
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Adv. Janit Yadav
Gurgaon | 25+ Answers
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