If you have given loan to someone and the cheque given to you for repayment of that loan has bounced, then you can file a case under Section 138 of the Negotiable Instruments Act after following the procedure of issuing notice etc. as laid down in that section. As regard proof of loan, there are various methods of proving the same; it is not necessary that there should be any guarantor for the loan or that some advocate or notary should have signed the stamp paper. The proof of loan is subject of appreciation of evidence by court which depends on the facts and circumstances of the case.
From the facts mentioned by you, it appears that the cheque bounced on 10.11.2015, and it is not clear whether you have followed the procedure mentioned in Section 138 by giving notice within the prescribed period. On the face of it, it appears that your case be beyond limitation period prescribed for filing the case; however, I am mentioning this on the basis of the limited facts provided by you. You may consult some local lawyer by showing your papers to him.
Dr. Ashok Dhamija is a New Delhi based Supreme Court Advocate and author of law books. Read more about him by clicking here. List of his Forum Replies. List of his other articles. List of his Quora Answers. List of his YouTube Videos.
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