Legal Question in Civil Litigation in Pakistan

I gave money to a person on three occasions for business and he kept on giving me guarantee checks amounting Rs1,400,000/- Rs.436,000/- and Rs.200,000/-. When dispute arose, I presented the checks in bank and, as expected, got dishonored.

At this stage I approached the head of the deptt where the accused is serving and he produced an affidavit (BAYAN-e-HALFI) singe by both of us on a stamp paper of Rs.100/- that he is running in losses but will return the whole money on 18 August, 2010 bearing the losses himself. However nothing happened on that day. Another document was signed by both of us wherein he returned me Rs.480,000/- and said that remaining amount will be returned as and when possible by all efforts. The cheque amounting Rs.436,000/- was torn on receipt of Rs.480,000/-

Then his deptt called an inquiry and he was blamed therein. He was charge sheeted and proceedings for his removal from service are underway. I also lodged complaint in police and FIR was registered on 31 Dec, 2010 and he got arrested on 01 Jan, 2011. On 16 March High Court released him on bail.

Now my lawyer says that if we go for recovery under order 37 of CPC, it will bear no result as by my signing two other documents after the dishonoring of the checks the negotiable instruments version has got adulterated by using the phrase that the money was for business.

He also went into a suit in civil court that I should be stopped form encashing, dishonoring or giving the check to any third party as a guarantee. And that due to losses I should instead hand him over money instead of claiming the cheques amount.

Kindly give you expert opinion.

1 Answer from Attorneys

Related Questions & Answers

More General Civil Litigation questions and answers in Pakistan

Looking for something else?