How A Stale Cheque's Amount can be Fully Recovered??

This query is : Resolved 
 

(Querist)
27 December 2008

RESPECTED SIR(S) / MADAM(S),
ONE OF MY FRIEND, NAMELY - HIMANSHU PATEL, HAD TRANSFERED RS.1,00,000/- BY A/C. PAYEE CHEQUE TO HIS FRIEND'S A/C. ON REQUEST OF HIS FRIEND IN THE MONTH OF MAY, 2008. HIS FRIEND WANT TO BOOK A HOUSE FOR HIMSELF. IN RETURN, HIMANSHU PATEL TOOK A BLANK A/C. PAYEE CHEQUE FROM HIS FRIEND AND PUT DATE OF 10TH JUNE, 2008 AND AMOUNT RS.1,00,000/- AND KEPT IT WITH HIMSELF.
NOW, AFTER GETTING RS.1,00,000/- FROM HIMANSHU PATEL HIS FRIEND USED THAT MONEY IN SHARE TRADING AND LOST THE AMOUNT WITHIN 1 WEEK.
TILL DATE HE HAS NOT RETURN A SINGLE PENNY AND NOW ON THE OTHER HAND, HIMANSHU PATEL DIDN'T DEPOSITED THE CHEQUE BEFORE 6 MONTHS. SO IT'S STALE NOW. RIGHT??
THE ONLY EVIDENCE HIMANSHU PATEL HAS IS PASS-BOOK ENTRY.
KINDLY, SUGGEST ME THE RECOURSE OF RECOVERING THE MONEY OF RS.1,00,000/- FULLY. AND I WOULD ALSO LIKE TO KNOW - HOW MUCH TIME AND EXPENSE WOULD IT TAKE TO RECOVER SUCH AMOUNT??

- CHIRAG SAWANT (GUJARAT STATE)


M. PIRAVI PERUMAL (Expert)
27 December 2008

File a suit for recovery of money.

anish arora (Expert)
27 December 2008

i agree with my friend suit for recovery is the best suitable at this stage



Guest (Expert)
27 December 2008

There are two methods - (1) file a recovery suit as suggested my friends (2) file a summary suit under O.37 of CPC. The litigation cost depends upon the place where generally the suit is filed. The court fee in Delhi for Rs.1,00,000/- suit is Rs.3,320/- and counsel fee may be about Rs.10000/-, depending upon the counsel.

DEFENSE ADVOCATE.-firmaction@g (Expert)
28 December 2008

If evidence is avialable that money was given for booking a flat but instead the borrower used it for other purpose a private criminal case for cheating case can be filed.

However you have to show how you believed and trusted to part with this amount.

Prashant Kumar Jha (Expert)
30 December 2008

I do agree with my friends advice



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