1 Answer
Dear Client,
Your situation involves two distinct legal issues. First is recovering money, and second is dealing with the blackmail, and both must be addressed firmly and without yielding to the pressure.
On recovering the money, since the borrower gave you a cheque, you are in a strong legal position.
Encashment of a cheque is processed through your bank. If it bounces because of insufficient funds, you can take action against the paying bank and recover your money under Section 138 of the Negotiable Instruments Act, 1881, by sending a legal demand notice within thirty (30) days of the bouncing incident. If payment is not made within fifteen (15) days after sending the demand notice, you can file a criminal complaint with the Magistrate. A conviction for dishonouring a cheque under Section 138 can result in as much as two (2) years imprisonment and as much as double the amount of the cheque or both. You also have the option of filing a civil recovery action for the amount owed, supported by the original cheque and documentary evidence.
Threats involving blackmail or suicide should always be dealt with immediately. Such acts can be considered felonies under Sections 308 and 351 of the Indian Penal Code. They may also allow you the right to receive immediate police protection if there are any imminent threats to your life; however, people who attempt to intimidate others by threatening suicide face a high probability of not being taken seriously by the judge. You will not be held criminally liable simply for requesting that your lawful money is returned (i.e., the money that is owed to you).
Preserve every WhatsApp message, call recording, and communication where this threat has been made. All of this is admissible electronic evidence. File an FIR immediately, citing both the threat and the extortion angle. Do not pay him anything further and do not retract your demand for money out of fear.