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Can I file a lawsuit for not returning back borrowed money?

  • One of my friend who worked with me in Microsoft as contractor borrowed 10,000 Rs. He promised to return back the money. But he did not. Timeline: Jan 2013 - Borrowed money. Mar 2014 - Gives me check (bounced back). Dec 2014 - Committed to give back this month but has not returned. Since I have checks from him which bounced back, is it possible to recover money from him through a lawsuit? I believe he is just playing a prank on me. I do not want to encourage such pranksters. If I file a lawsuit, will the lawsuit ensure that he will pay some interest money and legal expenses also?

  • Answer:

    First of all you cannot sue him for the bounced cheque as the time limit for doing so was 30 days from the date on which  you got the intimation that the cheque had bounced. It is barred by limitation. Secondly, as you had given money to a friend I suppose you did not get it in writing which is not at all good for your case. You have to have documentary evidence if you want your case to hold any ground in the court of law because otherwise the defaulting party can always deny tasking the money. There is a backlog of around 2 crore cases related to recovery of money in Bombay alone. Your best chance would be to get this matter sorted out amongst you and your friend or wait for him to default on another cheque in which case you can file a complaint under section 420 of IPC (after giving your friend a notice regarding the payment of the amount in the bounced cheque within 30 days and if your friend doesn't get back to you in the next 15 days of him receiving the said notice)against him. You can also file for a summary judgement in this case which has an official period of around 6 months(time taken by court to give a ruling). The main point regarding the duration dexpends on whether the court deems it fit to pass the judgement ex-parte(that is, with only the plaintiff present)or if the court decides to give a chance to the defending party to present himself. In the later case, the suit may extend to anytime between six months and even ten years.

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"Ubi jus ibi remedium" The above Latin maxim means for every wrong, the law provides remedy. As you have said that the person is not returning you money and the instrument in your possession has dishonored. (Cheque- bounce). There are two remedies available to you; Firstly, you can file a criminal complaint under negotiable instruments act. (It has to be filed in the Court under whose jurisdiction the bank where the instrument was dishonored is situated) Secondly, you can file a money suit under the provisions of code of civil procedure. Lastly, you can initiate both the measures, the person will run back to you along with your money and request to settle the matter after receiving the   summons/ warrants. (PS: send a legal notice to him informing (threatening ) him of the consequences of the legal proceedings. There are several instances where court asks the defaulter to return double of the amount. Hire a good lawyer for writing the legal notice)

Bastele Jhakday

You can file a case against your friend is the check that he has given you has bounced. The negotiable Instruments act (NI Act) has stated a procedure to be undergone in such cases.To know further about this, kindly log onto http://myadvo.in and post your query at the Q&A section. We will contact you shortly and provide you with free and expert advice from our team of highly qualified lawyers in this sector.

Ujjwal Agarwal

From the details listed by you I understand that you advance Rs 10000 as hand loan. Luckly you obtained cheque only evidence to prove the receipt of money by your friend. Now you may file suit for recovery of principle plus interest 18 % plus legal expenses. The cheque is only evidence so keep it safe. You will get decree it will not be a problem but court proceedings takes time. Since your friend is a contractor, you may face diffuculty in actual recovery. You have to get arrest warent against him. So dont advance money to anyone who ever they are.

P R Shanmugam

The normal limitation for recovery is three years. Do you have any evidence to prove that you, indeed, lent him money. The bounced cheque, may itself be not a sufficient proof that , he took money from you. This appears to be the reason that he is relaxed.

Aniruddha Kumar

Yes certainly you can file lawsuit. But before that it is best to make the person aware that he needs to return the money and give him sometime and options like payment within a date or payment with few installments etc. More on this you can know from http://lawfarm.in/in/blog/what-can-you-do-if-someone-owes-you-money-and-does-not-pay-you-back

Lawfarm.in

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