Legal Question in Banking Law in India

cheque given after the account closed.

i have given 5 lakhs to my friend in feb 2007 .i have prominary note and cheques .today i went to bank and asked about the balance in my friends account they said account closed on nov 2006.he is not staying in the current address. no phone.he absconded from city.his wife is telling i don't have any relation with him.i have his wife address also.she is working in other city as a govt employee. please sugeest me what i can do now?


Asked on 7/23/07, 2:22 am

4 Answers from Attorneys

G. M. Gupta gmguptaandassociates

Re: cheque given after the account closed.

what are u waiting for....... go and register an FIR against him. but FIR will not be registered like this so create a story

or contact me. consultation charges will apply

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Answered on 7/23/07, 1:41 pm
J. Radhakrishnan independent Practice

Re: cheque given after the account closed.

Present the cheques for collection. When they are returned give notice by RPAD to the last known address of the drawer. Send also the notices under certificate of posting asking to pay the amounts on the dishonoured cheques within 15 days of the receipt of the notice. After the expiry of 15 days of the date of receipt of the notice, if that was received by him or someone at his last known address and if no payment is forthcoming within the said 15 days of the receipt of the notice, immediately file a complaint in the I class Magistrae court. If the summons sent are returned, then apply first for bailable warrant and still he evades appearance or arrest apply for Non bailable warrant and liaise with Police thru whom the summons are sent to search for him. If the notice by RPAD is returned as 'not found' or left, you can still file complaint after the expiry of the 15 days from 3 days after despatch of notice. The above court procedure be followed. Alternatively file a suit for the recovery of the Promissory note amount and get a decree. It can be executed for 12 years after the date of the decree. Anyhow, consult a local lawyer and proceed.

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Answered on 7/23/07, 2:42 pm
kavitha balakrishnan kpp associates

Re: cheque given after the account closed.

firstly, you can give a criminal complaint

secondly, file a case - proceed with the warrant

thirdly,file a suit for recovery of money on promissory note - you can also include the wife another defendant.

you may also send a legal notice to the wife's address on both of the them for recovery of money!

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Answered on 7/24/07, 1:03 am

Re: cheque given after the account closed.

Deposit the cheque for encashment and if the same dishonoured then serve the friend with a notice on his last known address and also at his wife's address and there after file complaint u/s.138 N.I.Act.leave other things.You are a holder of valid cheque,so go ahead.You may also file recovery suit.

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Answered on 7/24/07, 1:38 pm


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