Community › Forums › Legal Advice India › Need help in getting my money back.
- This topic has 7 replies, 4 voices, and was last updated 1 year, 2 months ago by
Luckystar8187.
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LLuckystar8187
PARTICIPANT
March 28, 2025 at 9:46 amHi legal advisors.Last year in July I gave someone 70k for two days (It was saturday and he said banks are on off he will return on Monday). Since then he is making me fool whenever I call him or visit his place. He is continously giving me new dates and keep playing victim card as he lost a big amount in some property case. Although, I have most of the call recordings and chat snippets but until now I thought let him give some more time. Now, I am worried and thinking to take some legal action. He also gave me a check of same amount dated 5 Feb’25 that he didn’t let me use and kept giving me new dates. Any advice and question is appreciated
I want to know what I can do legally when I have transaction proof, chat commitments, call recordings.
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SShivanshstar626
PARTICIPANT
March 28, 2025 at 9:50 amYou NEED to deposit that cheque. A cheque has a validity of 3 months and the cheque has to be bounced twice as a general principal before you can start legal proceedings for cheque bounce.That is the quickest way to recover your money.
For an amount of this size you can expect resolution within an year and court+lawyer fee of about 30k
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BBravesridhar8857
PARTICIPANT
March 28, 2025 at 9:59 am*Practicing High Court Lawyer here!*Since you have proof—payment records, chats, and call recordings—your case is strong. First, send a strong legal notice through a lawyer demanding full repayment. This alone can sometimes push people to return the money and you will not need to burn money in a full fledged court case.
Alongside that, deposit the cheque he gave you (dated 5 Feb 2025) before it expires—ideally before 5 May 2025. If it bounces, the bank will give you a memo. After that, you have 30 days to send a legal notice under the cheque bounce law (Section 138 NI Act). If he still doesn’t pay within 15 days of the notice, you can file a criminal complaint in court.
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LLuckystar8187
OP
March 28, 2025 at 10:00 amThanks
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RRapidpanther1446
PARTICIPANT
March 28, 2025 at 10:02 amJust deposit the cheque , let it bounce and then Send a proper legal notice . Later file a 138 case .-
LLuckystar8187
OP
March 28, 2025 at 10:05 ama question to you if cheque gets bounced do I levied bounce charges along with him. I don’t deal in cheques but one of my friend told me that charges are applied to both payer and receiver-
SShivanshstar626
PARTICIPANT
March 28, 2025 at 12:01 pmBrother the charges is 150 rupees.Fuck that 150 get your 70k
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LLuckystar8187
OP
March 28, 2025 at 12:05 pmyess, I am gonna do that
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