Recovery from debtor

Nikhil (Querist) 22 May 2015 This query is : Resolved
I have supplied for almost 4 years certain material to one of the firm (properitor) but the firm now have started defaulting in making mayment.

I have undated cheque of only Rs 4lacs against the total recovery of Rs 20 lacs.

What is the legal remedy for the same.

The Firm is run by the dad but the signatory is the son, and the son is only for signature, and he is not even aware of this defaults.

Against whom the legal remedy is avaliable.

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Nadeem Qureshi (Expert) 22 May 2015
First of all issue a legal notice to them and claim your money if they are not ready to make the payment within notice period then file a civil suit for recovery against them before court.
Both dad and son will be the parties with the firm.

Jeetender Gupta (Expert) 23 May 2015
Recommended Steps :
1. Notice
2. Banking 4 lac cheque
3. NI 138 case if cheque bounces
4. Civil recovery of balance 16L. Case must be filed within 3 years from due date of payment
Though technically propreitor responsuble but make both father / son parties if signatory different

Sudhir Kumar, Advocate (Expert) 23 May 2015
in case you file criminal case of cheating (i.e. giving a cheque not intended to be cleared) then both father and son can be taken in as conspirators.