Complaint regarding cheque bounce on non payment of loan amount.
Answers (5)
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Hi,
Yes there are enough and more judgments which say that the cheque can be filled by the complainant. However, you need to have some document to show that you had given that amount to your friend and he is liable to pay you back. Ensure there is enough written communication between the two of you wherein he is accepting his liability.
Yes, you can fill in the details by yourself and present it with your bank. If the cheque is dishonoured/ bounced, you can send him a legal notice under section 138 of Negotiable intrsument act followed by a criminal complaint after 45 days from the date of issuance of legal notice . Please issue the legal notice within 30 days from the date of reciept of return memo along with cheque from the bank.
Further, the law regarding security cheque has changed a lot in the last 10 years. In todays date, cheque given as security, if dishonoured/ bounced will attract the provisions of section 138 under negotiable instrument act.
The better position can only be explained after seeing documents availaible and other material facts.
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