Legal Question in Banking Law in India

Iam from mumbai,and since past 3 years most of the time iam in kerala. me & my friend Kishore (Name Changed) planed to set up a dairy farm in kerala , as he is a govt employee and was in cochin ,he couldn't manage to put his time on this project and he introduced me to his friend Rajan (Name Changed) to help us in this project.Myself and Rajan traveled many time to kerala to find suitable land ,but due to budget constrain or with some other reason the project didn't work out and we stopped the search .As we use to travel often togather we became my very good friend and Rajan was very helpful to me in many occasion by giving kind advice.In the mean time he passed is LLB and became an advocate and use to come to kerala for his case and use to stay with me.

We had a clash and we are no more friends,Now all of a sudden he is asking me to pay one lac five thousand rupees as fees for the 17 trip he came to kerala and advise he had given me since last three year and submitted a bill and took my sign as acknowledgment for appointing him as a legal adviser and also two signed cheque of 60 ans 45 thousand .

Iam not is a postion to give the amount and he is threatening me that he will deposite the cheque and file a case against me .

This is my stand.

1) I never appointed him as a legal adviser

2) The dairy Farm project was closed almost 2 years back

3)After that he use to come to kerala for his case purpose

4)Since last three years He never spend a single rupee during his visit to kerala all ticket and other expenses were born by me as a good friend

4) I never promised him to give the amount in a particular time ,I gave him a cheque becauses he told that he will get finance against that cheque as he need it very urgently for treatment of his wife cancer(i never new since last three year that his wife is suffering from cancer)

5) he told that he will give me the cheque back after i do the repayment of the finance he took against the cheque .

Asked on 9/07/13, 11:19 pm

3 Answers from Attorneys

dear client....

Do contact me at [email protected]

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Answered on 9/08/13, 2:49 am

Fca Prashant Chavan Expert Edge LLP


Dear Sir / Madam,

"Whenever you borrow or lend money to a friend, always first make up your mind whether you need the money or the friend."

To cut a very long story short, you have bound yourself by giving the cheques to your friend. There is every possibility of your friend filing Section 138 against you if the cheques are presented in the bank and they bounce.

You should try and convince your friend that since the project was shelved midway, both should equally share the total travel expenses incurred.


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Answered on 9/08/13, 8:40 am
KarVai Legal Solutions Rajiv Gupta 9811284735 Ch.No: 359, Western Wing, Tis Hazari, Delhi

try to settle the dispute amicably.

Thanks and Regards

Adv. Rajiv

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Answered on 9/09/13, 8:51 am

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