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Regarding dishonor of cheque
Question
My friend took a loan of rs. 10 lakhs from me and having good relations, we did not put it down on paper that this is a loan given to him without any interest. he promised to me to return it within 11 months however it has been two years but he has not returned me any amount. last month, his father on behalf of my friend, gave me the cheque of rs. 5 lakh in partial payment but this time his father signed on the writing stating that this is for partial re-payment of loan taken by the son. the cheque has got dishonored due to “payment stopped by drawer”. how can i get the money now?
Answers ( 2 )
U have to file d criminal compaint under section 138 of negotiable instruments act for dishonour of cheque. If the drawer after issuing of cheque stop payment of cheque it falls under the preview of section 138 of negotiable instruments act
If the cheque has been dishonoured, you have to send him a legal notice through an advocate for payment of money for the amount which has been dishonoured. meanwhile since its only 50% amount so it is advisable that u give a legal notice only to that extent mentioning clearly that this is for the partial fulfillment of the amount due. since u have a written note from the father acknowledging the transaction, it may be used for proving that there is a legally enforceable debt but because the said pronote is by the father, it may not be believed as well. further, if the loan was paid by way of the bank/drat etc then in that case it would be easier for u to prove the liability.
after issuance of the legal notice, if ur friend pays up, then u need not go to court and file a complaint else a complaint under section 148 of the Negotiable Instrument Act will ensue thereafter.