Gave Money to Friend

[User_172b127d]

U

User_172b127d
PARTICIPANT
March 1, 2025 at 4:58 am

We didn’t do any sort of contract.. but
We have used a paper where he wrote ” I (name) have received ( amt) from (my name) on (date) ” and gave his signature which I maintain.

And on his paper I wrote ” I ( my name) gave (amr) to (his name) on (date) and gave my signature which he maintains.

He also gave me a signed cheque with the amount without any date.

So I wanted to ask if this has any legal standing. Can I recover the amount legally??

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[Braveseeker242]

B

Braveseeker242
PARTICIPANT
March 1, 2025 at 5:01 am

Nope

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[User_ddf2c35b]

U

User_ddf2c35b
PARTICIPANT
March 1, 2025 at 5:10 am

NAL

Did you transfer the money online or give it to him in cash? If you transferred the money online, you have one more piece of evidence at hand.

Either way, you have 2 options –
Civil recovery suit – you will have to pay a higher court fee but the process can be much faster if you go for a summary suit

138 NIA (cheque bounce) – lower fees but this is a criminal offense and has an element of jail time. This usually works better in creating pressure to pay back but takes longer due to backlogs at courts.

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[User_172b127d]

U

User_172b127d
OP
March 1, 2025 at 5:17 am

Thank you!

It was cash..
Does that piece of paper have any legal ground..?

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[Happyshark11]

H

Happyshark11
PARTICIPANT
March 1, 2025 at 5:18 am

You should also have mentioned on your paper details of when the amount would be returned.

Was the payment made in cash or via bank? What was the amount and when was payment made? Has he repaid any part of the amount?

If you have a cheque, you can deposit it and if it is dishonoured, then proceed with sending legal notice and filing cheque bounce case under S.138 of the Negotiable Instruments Act. There are a few complications in your case. If amount is not high, I don’t think it would be worth it for you to legally pursue.

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[User_172b127d]

U

User_172b127d
OP
March 1, 2025 at 6:43 am

Ok! So the cheque is my best option
Thanx

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[Happyshark11]

H

Happyshark11
PARTICIPANT
March 1, 2025 at 8:40 am

If he has repaid any part of the amount then cheque bounce case will fail. The cheque amount must be equal to or less than the amount that is due to you.

Whether you should file civil suit or cheque bounce case depends on the particular facts of your case.

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[User_702b039a]

U

User_702b039a
PARTICIPANT
March 1, 2025 at 6:24 am

NAL – so take it with a grain of salt.

Try this, provided the essential components of a promisory note are present.

In India, a promissory note is considered a legally binding document under Section 4 of the Negotiable Instruments Act, 1881, meaning it is enforceable in a court of law and acts as a valid instrument to recover debt if the borrower fails to pay the agreed amount to the lender.

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[User_172b127d]

U

User_172b127d
OP
March 1, 2025 at 6:43 am

Okay thank you!

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[Salonipanther485]

S

Salonipanther485
PARTICIPANT
March 1, 2025 at 7:24 am

It is a perfectly legally valid document.

If it is within the three years since you lent him the money you have a legit case against him.

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[User_172b127d]

U

User_172b127d
OP
March 1, 2025 at 7:48 am

Ok!3yrs noted 🙏🏻🫶

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