Bengaluru Rural | 31 Mar, 2021 (1 year, 6 months ago)

Criminal Law

Cheque bounce amount recovery

I want to file a cheque bounce case to recover my debt from a borrower. But the amount was lent to him by way of cash via stamp paper agreement. But as I searched in Google , everyone are quoting Krishna Janardhan Bhatt Vs Dattatreya G Hegde case and saying that it is difficult to recover amount lent by way of cash. They are saying that lending by way of cash above 20K is illegal and hence it doesn't become "legally enforceable debt" before court of law and the cheque bounce case fails. Is it true?
Answers
31 Mar, 2021 | 19:42

Section 2(23) of Indian Stamp clearly mentions agreement as a receipt. There would be no glitch or confusion for recovery of debt when it is done through stamp paper agreement.


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