LawRato

Amount Given to Friend not returned even after 3 years


16-Nov-2023 (In Cheque Bounce Law)
In 2014 I had taken a personal loan of 50,000 and given 20,000 to friend for his urgent need. He had assured to return every month and even earlier will settle the amount. But, even after 3.5 years he has not returned any amount. On so much regular followups he had given only Rs. 1500. Still Rs. 18500 is pending. He had now given 2 cheques of different banks -Rs. 5000 & Rs. 13500 respectively. Now again He is saying I cant assure when Can I return. I am in very urgent need of money and I am under tremendous pressure. Kindly advise can I deposit the cheques and proceed to claim my amount.
Answers (4)

Answer #1
826 votes
first you deposit said cheques to Bank and if cheques dishonour then you send legal notice to said person within 30 days from the dishonour and if he failed to pay within 15 days you filed case against him u/s 138 of negotiable instrument act
Answer #2
711 votes
hello client, i will advice go for directly in court to file the case after depositing the cheque as the case will be file on your friend at the level of cheque bounce case. and you will get double the amount of your given amount to your friend. for further need contact me.
Answer #3
507 votes
Since personal loan is in your name , you have to repay the same. if you have given 20,000/ - by Cheque / Online you can send him legal notice to repay the same. legal notice will be documentary proof for your claim. thereafter you deposit those cheques but within 1 month from cheque bounce you have to file case against him otherwise you will loose your claim..
Answer #4
849 votes
Yes, You can deposit the cheques and proceed against your friend to claim the amount and further file complaint in a competent Court of law for offence under Sec. 138 of Negotiable Instruments Act for punishing him.

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 Divorce Lawyers at lawrato.com to address the specific facts and details.

Report abuse?

Comments by Users

No Comments! Be the first one to comment.

"lawrato.com has handpicked some of the best Legal Experts in the country to help you get practical Legal Advice & help."