Legal Question in Criminal Law in India

Dear Sir,

actually promisory note says that he has taken 25 lacs from me for which he has given a cheque worth 12 Lacs 50 thousand.

can i get my whole 25 Lacs back or court will order only for 12 Lacs 50 thousand.

what about interest? Does he has to pay interest to me right from the day he has signed promisory note ? or from date of the cheque ?


Asked on 5/30/12, 4:21 am

2 Answers from Attorneys

RAJIV GUPTA (Cell: +91 9811284735) [email protected]

in case the promissory note says its 25 lacs, you need to file a suit for recovery of 25 lacs. you can sue under negotiable instruments act on the basis of cheque of 12 lacs 50 thousand. you may claim the interest in your suit for recovery.

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Answered on 5/30/12, 8:35 am
Shrichand Nahar S.V.Nahar, Advocate

A case under section 138 is meant for punishing the accused.

Approach civil court for recovery.

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Answered on 6/03/12, 1:30 am


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