I’m a Canadian citizen and have been living here for the past 10 years. I lent ₹5 lakh to a friend in Jaipur two years ago. He’s been making promises to repay but hasn’t done so. Last year, when I visited India, I had him sign an agreement and give me a cheque for the amount. My brother deposited the cheque, but it bounced due to insufficient funds. I sent him a legal notice, but he refused to accept it. I want to file a court case against him. Here are my questions: 1. Can I file a case even though he didn’t receive the notice? (I’m certain his address is correct.) 2. How long do I have to file the case? 3. Can someone file the case on my behalf while I’m in Canada, or do I have to be present in court?

Apni Law
Apni Law
Law Forum › Category: Criminal › I’m a Canadian citizen and have been living here for the past 10 years. I lent ₹5 lakh to a friend in Jaipur two years ago. He’s been making promises to repay but hasn’t done so. Last year, when I visited India, I had him sign an agreement and give me a cheque for the amount. My brother deposited the cheque, but it bounced due to insufficient funds. I sent him a legal notice, but he refused to accept it. I want to file a court case against him.

Here are my questions:

1. Can I file a case even though he didn’t receive the notice? (I’m certain his address is correct.)
2. How long do I have to file the case?
3. Can someone file the case on my behalf while I’m in Canada, or do I have to be present in court?

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Apni Law Staff asked 2 years ago

I’m a Canadian citizen and have been living here for the past 10 years. I lent ₹5 lakh to a friend in Jaipur two years ago. He’s been making promises to repay but hasn’t done so. Last year, when I visited India, I had him sign an agreement and give me a cheque for the amount. My brother deposited the cheque, but it bounced due to insufficient funds. I sent him a legal notice, but he refused to accept it. I want to file a court case against him.

Here are my questions:

1. Can I file a case even though he didn’t receive the notice? (I’m certain his address is correct.)
2. How long do I have to file the case?
3. Can someone file the case on my behalf while I’m in Canada, or do I have to be present in court?

1 Answers
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Best Answer

Apni Law Staff answered 2 years ago

Yes, you can file a case even without the notice being served, as your friend’s address is confirmed. You have three years from the date of the bounced cheque to file a case under the Negotiable Instruments Act. You can appoint a lawyer in India to file the case on your behalf. You might need to appear in court for some proceedings, but your lawyer can advise you on this.

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