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Friend gave invalid cheque for payment, please advise
27-Jan-2023 (In Recovery Law)
Last year I have deposit 3 lakh in my frnd account by cash.deposit slip was signed by me.he gave me a Chek of my name of acccount pay . But when Chek on clearing bank staff told me about there is stop payment by this chek. And return Chek to me. How can I recover my payment plz hrlp
Dear Client,
For a Cheque that has been issued against a legal liability, even stop payment shall attract penal action, on conviction.
i suggest you to immediately take legal action against him by filing a case under section 138 of NI act.
hire a lawyer and proceed.
for further clarification/assistance you can call/meet me.
Regards,
For a Cheque that has been issued against a legal liability, even stop payment shall attract penal action, on conviction.
i suggest you to immediately take legal action against him by filing a case under section 138 of NI act.
hire a lawyer and proceed.
for further clarification/assistance you can call/meet me.
Regards,
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Adv. Suneel Moudgil
Panipat | 200+ Answers
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As per your query since your friend had instructed his bankers to stop payment, he is liable under Section 138 Negotiable Instruments Act. You should send him a legal notice within 30 days of return memo from bank giving him 15 days to pay the amount from date of receipt of legal notice. If he doesnt, you will have to file a complaint before Magistrate within 30 days of expiry of 15 days for payment of amount. You can additionally file a recovery suit showing that you had got deposited the said amount in his account as a loan to him and for return of which he had issued you a cheque which got dishonoured. This will prima facie be enough for civil court to issue notice in recovery suit.
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Adv. Aayush Chandra
Delhi | 25+ Answers
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With this regards you have a right to file a case under section 138 Negotiable Instrument Act. Your cheque is bounced and as per 138 NI Act you can take help of law to get your money back.
A compllaint case to be filed.
A compllaint case to be filed.
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Adv. Gurwinder Singh Sandhu
Sirsa | 25+ Answers
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Adv. Janit Yadav
Gurgaon | 25+ Answers
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