Legal Question in Credit and Debt Law in India
Buyer has given a Cheque for purchase of Diesel.Cheque is dishonored by bank within three months of issuance.Thereafter buyer is giving an assurance to pay this orally but till four months past he has not paid for the same.We have not any other document except cheque.
3 Answers from Attorneys
Sir:
Time for filing criminal complaint for punishment to buyer seems to have already expired. Your best bet, now, is to file a civil suit - Summary Suit - under Order XXXVII Code of Civil Procedure for recovery of the amount for which limitation is three years from the date of cheque. if you have the invoice of sale of diesel, then good or else you may file the case on the basis of cheque alone. Good Luck!
12.01.2013
Dear Sir / Madam,
Simply lodge a non-cognizable offence in the local Kothara, Bhuj Police Station and furnish all available evidences like Delivery Challan, Invoice and the bounced cheque so that the law can take it's own course. Request the thanedar to summon the issuer of the cheque to the Police Station for questioning. I will advice you on Court action thereafter, if the issue in not resolved and settled.
Regards,
FCA Prashant Chavan
Mumbai
(Please mail me the status update after 7 days at [email protected])
Can you prove that the cheques was given for the payment of Diesel if not than dont waste your time and energy etc......Please check Sanjay Kalra and Associates on the internet to know more about our law firm and the legal services we are rendering for our clients from all over the World.