Legal Question in Banking Law in India

please help me out
I gave Rs 1,00000/- to a person for some business and in turn he gave me same amount of blank dated cheque as security for my money. Now, I am transfered to some other place and he has also moved to some unknown place and has changed his mobile numbers. Please sugest
1 how to recover my money as I doubt he might not have enough amount in his account?
2 Can I ask same bank (but different branch in which i too have an account) to honour the cheque only if sufficient fund is available in his account so that cheque bounce is avoided?
3 finally if i have to register a case in the event the cheque baunces, then what is the proceedure and can the person be traced as per the address provided to the bank?
4

Asked on 7/25/08, 1:22 pm

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Re: please help me out

You have no choice other than to present the cheque for encashment. Let the bank refuse it for insufficient funds.

In case of cheque(s) bouncing back, you have to file a complaint u/s 138 of Negotiable Instrument Act. Take the help of an attorney for this.

Answered on 7/25/08, 1:56 pm

Aniruddha Pawse Aniruddha.P.Pawse Advocates

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Re: please help me out

If nearby contact personally or contact a local lawyer.

Answered on 7/28/08, 1:52 am

J. Radhakrishnan independent Practice

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Re: please help me out

consult your local lawyer and proceed as per his advice.

Answered on 7/25/08, 10:45 pm

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