Legal Question in Credit and Debt Law in India

What rules say?

I have lended some money to some one. He issued the cheques of those amount. He is not repaying it. Now May I fight legally with the help of those cheques?


Asked on 7/26/07, 1:13 am

6 Answers from Attorneys

kavitha balakrishnan kpp associates

Re: What rules say?

you have the cheques to realise the amount use them wisely! ...

in case of dishonour present one cheque for criminal complaint and other for a civil suit - recovery of money! fighting at both ends they will come for negotiation - you can realise the amount amicabily..

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Answered on 7/27/07, 2:58 am
RAJIV GUPTA (Cell: +91 9811284735) [email protected]

Re: What rules say?

you may deposit the cheques in your bank and in case they are dishonored due to any reason, you may file send a notice to the other party and if he doesnt comply with the same, you may file a criminal complaint against him under negotiable instruments act and at the same time you may file for recovery of the said amount by filing a suit u/o 37 of cpc.

regards

rajiv gupta, advocate, Cell 9811284735

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Answered on 7/26/07, 1:33 am
Homi Maratha N.N. Maratha & Co.-Advocates

Re: What rules say?

good morning

well in this case you may deposit the cheques and if they get dishonoured send him a legal notice under the negotiable instruments act. consult a lawyer

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Answered on 7/26/07, 2:14 am
G. M. Gupta gmguptaandassociates

Re: What rules say?

SURE you can

if the cheques are within their 6 months validity then get them bounced afresh and file complaint u/s 138 after compying to its requirements and if it has crossed its 6 months period then u can file civil suit u/o 37 cpc within 3 years.

For any further clarification and detailed advice you can contact me with documents. Consultation Charges will apply.

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Answered on 7/27/07, 11:59 am
rajeshwar sharma rajeshwarnathsharma

Re: What rules say?

Present the two cheques in your account for encashment and in the event of dishonour of the cheques sent demand notice and on non compliance, file suit for the recovery of the amount beside criminal action in the competent court of law.

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Answered on 7/26/07, 9:29 am

Re: What rules say?

Yes,you can fight legally.File complaint u/s.138 N.I.Act and also recovery case on the basis of cheques.

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Answered on 7/26/07, 12:47 pm


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