Legal Question in Bankruptcy in India

Dealing with an insolvent to get my money
Hello,
I have to receive some payment from a builder from whom we cancelled the deal. He has given a cheque for that money, at the same time has closed his account in that bank. We have tried to talk to him smoothly and get the money back from him. He has been avoiding us all the time. If by accident, we get to talk to him and tell him that we may go to court for the cheque bouncing, he says that if we go, he would declare himself as an insolvent. Its our hard earned money and we need it back. Its been more than 1.5 years since we gave him the money. The cheque is dated for May 21st 2009. We havent put the cheque, but at this point of time come to know that he has closed the account.Please tell us how to proceed further. can we make the cheque bounce and file a case against him? If so, within how much time should we file a case against him? Please advise.

Asked on 7/13/09, 7:18 am

Sudershan Goel India Law Offices of Sudershan Goel - Advocate

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Re: Dealing with an insolvent to get my money

You may consider the option of his criminal prosecution on cheque bouncing without bothering about his threat of filing insolvency.

Answered on 7/13/09, 11:18 am

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