Moneylender refusing to return blank cheque even after payment of loan

784 votes

If he has not presented the cheque in the bank you can write an application for missing of cheque or cancellation of cheque stating the cheque number also do you have any documented evidence or any other evidence to say that u have taken money and given him back. If so then you can approach the court.bfor ny further help approach me. Ty

Advocate Ananmika K Tiwari LawRato

610 votes

First of all the money you have taken from moneylender has he have paid you the said amount in cash or through cheque. And secondly have u obtained any signature from him that he had received some or whole amount. And lastly have u paid all the money in the presence of any witness and do one thing you stop payment the cheque by giving written application to your bank on the ground that the whole cheque book has been lost and I have signed some cheque.

Advocate Kushal Govind Kabra LawRato

510 votes

A cheque can be presented any number of times during the period of its validity by payee. On each presentation of the cheque and its dishonour a fresh right – and not cause of action – accrues in his favour. He may, therefore, without taking pre-emptory action in exercise of his such right under Cl (b) of sec. 138, go on presenting the cheque so as to enable him to exercise such right at any point of time during the validity of the cheque.”

Advocate Shashank Choudhary LawRato