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Author Topic: Person not returning money  (Read 949 times)

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Offline gns

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Person not returning money
« on: May 07, 2015, 10:38:42 PM »
Hello,
One of my friend(so called) took Rs 100000/- around 4 months back for some emmergency with commitment to return in one month. He specifically asked for cash. Therefore, I withdrew money from my bank account and gave him in cash (which now I think a bit mistake from my side)
Since then he tried to avoid returning my money giving many excuses and kept changing deadlines. When I have approached him many time he gave me a blank cheque with his sign on it and asked me to deposit on a specific date filling the correct amount. However cheque bounced.
Now, when I am approaching him asking the cheque is bounced and I can go in court against him. He is threatening me that he will tell in the court that "cheque was taken forcefully from him and in fact  he was trying to help me but could not help"
I am not sure what to do now.
Looking forward for any help from lawyers.

Offline saravanan.s

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Re: Person not returning money
« Reply #1 on: May 07, 2015, 10:49:28 PM »
since you dint make him sign a promissory note or an loan agreement for the amount you had given it would be considered only as a charity.
in cheque bounce case you need to show the court why your friend is liable to payv you money through cheque.for that you need to show solid proof only otherwise 138 nia is not maintenable

 

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