Legal Question in Credit and Debt Law in India

Buyer has given a Cheque for purchase of Diesel.Cheque is bounced.Thereafter buyer is giving an assurance to pay this orally but till one year past he has not paid for the same.We have not any other document except cheque.


Asked on 1/11/13, 9:22 pm

4 Answers from Attorneys

Jayesh Desai Jayesh Desai

You have waited too long, now you will not be able to take advantage of Sec. 138 of Negotiable Instruments Act. But you can file a summary suit to recover the amount.

You have not indicated amount - if possible ask for a fresh cheque - and if it bounces again then go for 138 action.

Contact a local lawyer for this purposes.

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Answered on 1/11/13, 10:46 pm

file suit for recovery

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Answered on 1/12/13, 1:50 am
Sanjay Kalra Sanjay Kalra & Associates

If you cannot prove the reason for cheque then i feel you are not going to succeed in recovering money u/o 37 cpc. .......Please check Sanjay Kalra and Associates on the internet to know more about our law firm and the legal services we are rendering for our clients from all over the World.

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Answered on 2/11/13, 3:28 am


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