Gave money to a friend refusing to give money back

976 votes

Present the cheque received by you into your bank account. If it returns unpaid, you are entitled to file a cheque bounce case under Section 138 of Negotiable Instruments Act. This is a criminal case to be filed in magistrate's court.

Raghavendra Rao B.K. LawRato

668 votes

As pet NI act you are the holder in due course and the presumption of the law is that a valid consideraton hasbeen
Passed unless a contrary is proved. Whether he has balance or not, present the cheqe one or two occasions before three months from the date of the cheque and preserve the return memo. If Money not received , file a suit in time. For further guidance send the copies.

LawRato LawRato

669 votes

First, inform him that you are presenting the cheque stipulating a date, better in writing. Present the cheque on that date. If the cheque bounces, send a notice providing a gap of 15 days to your friend and present again.
If it bounces again, move the Court under Section 138 of Negotiable Instruments Act.
Dr Gubbi, Counselor & Advocate, Bangalore

Advocate Dr. Gubbi S Subba Rao LawRato

735 votes

Dear Querist,
Even if does not have any balance in his SB ac you proceed to deposit the cheque, after receipt of Bankers memo stating that cheque has been returned as "Funds insufficient" within 30 days of receipt of the bankers memo u must issue a statutory legal notice demanding for payment of the cheque amount giving him 15 days time, if he does not comply the demand then u 'll hv to file a cheque dishonor case.
BEst Regards,
Pratap, Adv

Advocate Pratap Kumar LawRato