How to recover loan given by cheque ?

666 votes

You may file a suit for recovery, since the transaction was done through cheque, it is a proof that payment got transferred from your account. Now the other person may take defence that the money was due that is why you paid him that amount, so you must have some evidence to show that money you gave was a loan.

Advocate Vivek Nasa LawRato

626 votes

You can file a recovery suit for recovering your amount. First a legal notice will be sent by advocate. Normally the chances are that you can get the money at this stage only. But in case the opposite party does not make payment after the expiry of legal notice duration then you can file the civil suit for recovery.
Bank entry of the said cheque will help as documentary support.

Advocate Arun Singh LawRato

749 votes

In your matter you can file a complaint u/s 138 of negotiable instruments act for the recovery of your loan amount before the court within whose jurisdiction the cause of action has arisen. You will have to find appropriate advocate who will send a legal notice u/s 138 of negotiable instruments act for recovery and then if the party does not pay the amount within 15 days of receiving notice then a complaint u/s 138 of negotiable instruments act.

Advocate Siddharth Gupta LawRato

932 votes

you have to file for suit or recovery,

but chances are too thin, as oral contract is no contract but since the money has gone through your bank account we can give it a try in the court.

that is the only remedy under civil law,

you can take cheque from him and if you get the cheque than you can file cheque bounce case against him

Advocate Harish Malhotra LawRato