Legal Question in Criminal Law in India

Hi.

We were issued a cheque by a propritership company on 16th July and this cheque was returned from the bank on 21st July stating insufficent refunds. Please advise how can recover this payment, what legal action can be taken against this company. Kindly advise how long does it take to get the money back. The amount of the cheque was 3lacs where as this person owes us 10lacs and he has been saying that he would make the payment for past 2 months and everyday comes up with an excuse of not paying. Please advise how can i recover the complete money.


Asked on 8/08/09, 2:46 am

3 Answers from Attorneys
RAJIV GUPTA (Cell: +91 9811284735) [email protected]

you can file a criminal complaint u/s 138 of negotiable instruments act and also file a civil suit for recovery u/o 37 of civil procedure code. you may file the civil suit for 10 lacs only and you can show 3 lacs as part payment for the same.

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Answered on 8/08/09, 3:56 am
Sudershan Goel India Law Offices of Sudershan Goel - Advocate

There is sufficient "limitation" left with you for appropriate legal action.

You are required to first serve upon the drawer a "Notice of demand" asking for the payment of cheque amount within the time stipulated in law - Section 138 of N.I.Act.

If the drawer is prepared to issue you a fresh cheque, you may accept the same and drop criminal action u/s 138.

You may make an effort for obtaining cheques for the entire amount even if some cheques are post dated.

Try to settle the dispute amicably and avoid litigation.

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Answered on 8/08/09, 7:32 am
Shrichand Nahar S.V.Nahar, Advocate

Agree with advice of Advocate Goel.

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Answered on 8/09/09, 2:11 am


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