Complaint regarding cheque bounce on non payment of loan amount.

I have given my friend 1 lac rupees.He gave me cheque as security and told he will return the money in 30 days but he is not able to return now.He is asking me to wait and it's been over 5 months.The cheque doesn't have my name and date.The cheque does have Amount and signature. After filling the name,date,Will I be able to file a cheque bounce case and drag him to court ?

Answers (5)

Yes you can drag him to court after filling your name and date and then present that cheque to the bank.if after presenting the cheque it got Dishonored then automatically he will be liable of cheque bounce case which is a criminal offence.

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Yes you can do that. You can fill in your name and use the cheque as it was given as a security to you by him.
Also, any kind of written proofs will be appreciated. Was there any written agreement between you guys regarding that amount of money.
also, was it given by cheque or cash?

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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 on the basis of cheque given by your friend with his signature and filled signature you may approach to hon'ble court within your jurisdiction for recovery of your amount after depositing the same in your bank and if it return back to you as dishonoured.

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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