Gave loan to a friend he gave cheque which got bounce wants money back

I had given a friendly loan of 2,45,000/- in two instances in his account through online transfer and he had given a cheque of Rs. 2,00,000/ as a proof of repayment saying that I can claim the amount any time in case he does not refund. Afterwards, he had refunded Rs, 1,50,000/- to my account and now the balance amount of Rs 95,000/-is not paying. Now I am having the bounced cheque. How can I send legal notice and file a case as the cheque is for 2,00,000/- and my balance amount is only 95,000/-.Whether this is possible to claim part of the bounced cheque ? Pl. advise.

Answers (4)

238 votes

Yes absolutely, file a cheque bounce case with a delay condonation petition and give all the evidences you have with you. And for rest of the amount, file a civil suit for demanding your money. Let both the cases go hand in hand.

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134 votes

Yes you can claim the part payment of the cheque in as much as your friend has already paid back the loan amount to some extent. After the cheque is bounced within 30 days you have to issue a advocate notice u/s.138 of n.i.act to repay the balance amount. Better to contact your nearest advocate for proper guidance.

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178 votes

You had given Rs245000/ as online transfer to your friend's account.But he had given a cheque of Rs 200000 as security.. against his loan amount.He had refunded you Rd 145 000 to you.Now you are saying that he is not returning the rest amount and you had bounced the said cheque.Now the matter is complicated and you must take the help of a lawyer

137 votes

Yes it is possible to demand part payment from the bounced cheque.U have to sent notice within 30 days demanding payment from the date of return of cheque by the bank.Write detail in the notice.Better contact advocate

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