Legal Question in Credit and Debt Law in India
What rules say?
I have lended some money to some one. He issued the cheques of those amount. He is not repaying it. Now May I fight legally with the help of those cheques?
6 Answers from Attorneys
Re: What rules say?
you have the cheques to realise the amount use them wisely! ...
in case of dishonour present one cheque for criminal complaint and other for a civil suit - recovery of money! fighting at both ends they will come for negotiation - you can realise the amount amicabily..
Re: What rules say?
you may deposit the cheques in your bank and in case they are dishonored due to any reason, you may file send a notice to the other party and if he doesnt comply with the same, you may file a criminal complaint against him under negotiable instruments act and at the same time you may file for recovery of the said amount by filing a suit u/o 37 of cpc.
regards
rajiv gupta, advocate, Cell 9811284735
Re: What rules say?
good morning
well in this case you may deposit the cheques and if they get dishonoured send him a legal notice under the negotiable instruments act. consult a lawyer
Re: What rules say?
SURE you can
if the cheques are within their 6 months validity then get them bounced afresh and file complaint u/s 138 after compying to its requirements and if it has crossed its 6 months period then u can file civil suit u/o 37 cpc within 3 years.
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Re: What rules say?
Present the two cheques in your account for encashment and in the event of dishonour of the cheques sent demand notice and on non compliance, file suit for the recovery of the amount beside criminal action in the competent court of law.
Re: What rules say?
Yes,you can fight legally.File complaint u/s.138 N.I.Act and also recovery case on the basis of cheques.