Gave loan to a person at 2 percent interest how to recover filed FIR

620 votes

Without delay file 138 NIA case. ...

Advocate Ramniranjan Chaturvedi LawRato

978 votes

I will advise you that as early as possible you should file a complaint under section 138 of negotiable instrument act becouse according to the section 138 Where any cheque drawn by a person on an account maintained by him with a banker for payment of any amount of money to another person from out of that account for the discharge, in whole or in part, of any debt or other liability, is returned by the bank unpaid, either because of the amount of money standing to the credit of that account is insufficient to honour the cheque or that it exceeds the amount arranged to be paid from that account by an agreement made with that bank, such person shall be deemed to have committed an offence he will be liable for punishment so, that doesn't matter that he stopped the payment by false FIR, he will be liable for punishment under section 138 of negotiable instrument, further more you have a good case to prove him guilty becouse you have a contract also with his signature. I will advise you that you should proceed against him.

The method of file the complain against drawer you would have send a demand for the payment of the said amount of money by giving a notice, in writing, to
the drawer of the cheque, within thirty days of the receipt of information by him from the bank regarding the return of the cheque as unpaid; and if the drawer of such cheque fails to make the payment of the said amount of money to the payee or, as the case may be, to the holder in due course of the cheque, within fifteen days of the receipt of the said notice thereafter you can file a complaint under section 138 of negotiable instrument act.

I hope this advice will help you to understand and face the problem.

Advocate Rohit Jagwani LawRato