Asked July 07, 2016

settlement of credit

  • 1 Answer

Helo Sir, i gave an amount of ruppees 10lakhs to one of my friend and a gave me half of the money back and for rest of the money he gave me a cheque of 5 lakhs but that cheque is owned by a bar & restaurant which is in the name of his father and brother , he also gave me a 100RS bond paper signed but now i understood that that cheque doesn't belong to him . i spoke to his father and he gave me one personal cheque of his and a promissory note but now both of them are troubling me in give the money back. Now here is what all i have. one personal cheque from his father with an amount 3 lakhs and also a promissory note signed by him " on which he wrote 5 lakh cheque should be returned by me" other cheque worth 5 lakhs was given to me signed by my friend on a companies cheque but that cheque and sign both are not his ( this cheque belongs to the company for which my frineds father and his brother have the cheque privilages)

Answer 1

Going by your statement, I would first of all like to put certain facts in order for applying proper remedy to it.

  • That you borrowed Rs 10 lakh to your friend.
  • He then later on paid you Rs 5 lakh and for the remaining amount he issued a cheque of Rs 5 lakh which you later found out to be named under a Bar and Restaurant, owned by his father and brother and also a bond paper signed on a 100-rupee stamp paper.
  • As a consequence, you talked to the father of your friend, who in return gave you a cheque of Rs 3 lakh in his own name and a promissory note signed by him in which it was written that you would return the Rs 5 lakh cheque given to you by your friend.
  • Later on again your friend handed over to you a cheque amounting to Rs 5 lakh, with a fake sign and company account that belonged to his father and brother and the privileges for which only lied with his father and brother.

    So analysing your situation, there are more than one methods which you can apply for resolving your problem.

  • By means of compromise between you and your friend and his family.
  • By Legal means.
  • The best would be to first return the first cheque given to you by your friend amounting to Rs 5 lakh as his father has already given you an amount of Rs 3 lakh on his own personal capacity. I would first of all suggest you to send the said Rs 3 lakh cheque handed over by his father for clearing to your respective bank and once it is cleared by the bank then go and talk to your friend and his family for the remaining amount, that is, Rs 2 lakh by means of talks and compromise. But, if the conditions are not suitable for discussion then a criminal case may be initiated against your friend as his acts amounts to various criminal charges both under Indian Penal Code as well as Negotiable Instruments Act. He would surely be arrested and prosecuted by the police as the matters are serious in nature.

    So, I would suggest you to first of all file a complaint in the nearest police station against your friend and his father and his brother. In most probability they will come for compromise once the charge sheet is filed by police after investigating, although the choice would be totally yours as to drop the charges or carry on with the proceedings of yours against the accused. I would also suggest you to keep your documents ready and present it to your lawyer whenever required. Hope this helps you and solve your problem.






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