Legal Question in Criminal Law in Pakistan

A party has borrowed money and i have sent the money theough his account through on-line bank transaction and next day the party has sent me a cheque for 02 months. Later on i have deposited some amount in his loan account on behalf of party which i have bank receipt. Initially i am planning to lodge FIR of cheque amount under 489f if the party has got bail after arrest how would i recover whole amount cheque amount + installement amount under the law plz help.


Asked on 10/26/10, 11:18 am

1 Answer from Attorneys

Salman Khan International Lawyer

You can always file a suit for recovery of amount under order 37 CPC against all kinds of negotiable instruments. Check is one of them..

Also u can proceed for the FIR as checque dishonoring is an offense and if proved that the person has dishonestly issued you a cheque and it is dishonored then he can get 3 years life imprisonment but it will not give you mone back.

489-F is non bailable and compoundable offense and usually bail is granted in this offense when the complainant forrgives. Even if the bail is granted you can still persue both the civil and criminal cases. For more you can consult me at [email protected]

Regards,

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Answered on 10/26/10, 11:26 am


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