My friend (K) ran away from his house & against the wish of his family got married to a girl (S) who was 5 6 yrs elder to him. Since his family was against him & no one was there to help him, so I helped him in his marriage & since they needed funds I used to help them financially also. Now that they
are not getting along & have got seperated.
I had taken cash from my business to help my friend. And to show the entries in the book of accounts he had given me 2 cheques.
And since the amount is on a higher side around 70000/- I asked him to repay the amount.
Now my friend is not ready to pay my money back does not answer my phone
I had sent sms to him, email to him but he does not reply.
So I send sms to his sister stating to repay my money. She says your money your friend had borrowed you take it from him only. And on the other side she does not allow her brother to pay my money also.
I have his two named, amount written & signed chq ( but date is not written )
( Amts written are 18000/- & 22000/-)
Can I write the date & deposit the chqs ?
In case they get dishonoured, can I serve him a notice ?
Still if they dont pay, can I file a case for recovery ?
And this 2 chq will take care of the 40000/- but what can remedies do I have for taking back the other 30000/- ?
PROFESSIONALS AND BUSINESSES PARTICIPATING IN DISCUSSION
Firstly, let us know , why your friend doesn't want to repay the amount .
Secondly, is he aware of the possession of the cheque by you ?
As state by you earlier, you can claim for Rs 40000/- and if you are claiming Rs 30000/- , better consult a lawyer.
Sir, you can deposit the instruments in the current date and if they are returned unpaid you can proceed legally and can even make him arrest, if he admits in court that he do not have any money to repay then the problem starts, all by doing so i think chances of getting your money back is time taking and have a smoke picture. alternatively you can make constant visits to his place and make him understand about the instruments and the after effects of the depositing and also you can offer him some installments to repay the loan.
From India, Hyderabad
present cheques in the bank after putting current date (mail be or consult one local lawyer before adding date) on them, if dishonored, serve him a legal notice within 30 days of date of return memo, asking him to repay the said amount and if not answered/revert within fifteen days then file criminal complaint within next 30 days.
don't forget to describe whole amount (70000/-) in the facts, however, court will consider only cheque amount.
for further clarifications mail me.
Suneel Moudgil, Advocate
When did the transaction take place? When did he issue the cheques? Please note that limitation as well the type of cheque issued could be a decisive factor.
From India, Kochi
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