Regarding fraud
Binu Pillai
(Querist) 16 June 2012
This query is : Resolved
A person has done an agreement with the second party for an amount of Rs 1000000 then again done an agreement stating that the first agreement is cancelled now the two parties are not available . They had given the cheque once the cheque was deposited and bounced but on personal request given a chance but now more than two years passed not able to get the address of both parties what to do the amount was given in installments.
Kiran Kumar
(Expert) 16 June 2012
your facts are a bit confusing.
otherwise, if you had extended some loan to them then, go for recovery suit.
you wont be able to use the 2 years old bounced cheque for 138 NI litigation.
adv. rajeev ( rajoo )
(Expert) 16 June 2012
On the bounced cheque you cannot initiate criminal proceedings u/s 138 of NI Act, because it is already time barred. To recover the money thru., civil court you will have to file a suit for recovery of money within 3 years.
ajay sethi
(Expert) 16 June 2012
what was nature of agreement ? you have not mentioned complete facts of the case .
it appears that agrement for 1 core has been cancelled . if so there is no debt due and pyable . even if cheque has bounced you won tbe able to file complaint under section 138 NI . legal notice ought to have been issued for bouncing of cheque within 30 days .
even if you file a civil suit for recovery of amounts mentioned in dishonoured cheques you have to prove there is debt due and pyable .
in your case from limited facts mentioned by you agreement is cancelled .
contact a local lawyer
Shonee Kapoor
(Expert) 17 June 2012
No case of NI 138 made out. File for civil suit of recovery.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
SAINATH DEVALLA
(Expert) 17 June 2012
No chance of recovery through law,Mr.Pillai,as you have exausted all your weapons.You say their addresses and whereabouts are not known,hence wait till they surface somewhere,and request them to clear your liablity.
