Cheque matter limitation act related


Respected Experts,

I have 3 cheques Rs 4,00,000 / 300000 / 100000 issued by my family friend against loan taken by him the date of above cheques are 11-11-13 / 12-1-14/ 24-04-14 respectively . He is not giving new cheque but making payment of Rs 25000 per month from 16-04-16 . I want to recover amount at once , but my advocate says that first 2 cheques has been barred under LIMITATION ACT. Is it true and really the cheques are not usable in any circuminstances. please advise me that how i can recover my amount.

 
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+ 91 9225510883

Sir,

All the three cheques are barred by limitation. The only option remains with you is to file a recovery suit against the said person.

 
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Res expert,

thanks for early reply....... my last chq date is 24-04-14 so limitation period 3 yrs 24-04-17 ........am i right ? may i use it for cheating case because since last 2 months  he is not giving 25000/-.p.m. as he was giving.pls clear my concept.

 

 

 
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Law Officer

All your 3 cheques are now worth of papers. Cheques are to be presented before 3/6 months from the date of issues. Hence you can't use those cheques. so pls go by your local lawyer's advice

 
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all the chqs are time barred but you can file recovery suit under Order 37 of Civil Procedure code only for 3rd chq. 

 
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You can not file complaint under the provisions of Negotiable Act as limitation has been expired but can file civil suit for recovery of your loan amount also can file complaint under section 420 of IPC in court.
 
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Respected experts,

Really thanks for opinion , I am not asking about NI ACT as 3 months validity expired.---------- but for 420 case or for civil suit ....are these chqs can be use as per LIMITATION ACT ? .or Three years passed on these first 2 chqs and limitation act applicable, and these 2 chqs became waste paper ?

 
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PRIVATE PRACTICE

you have lost chance of file by limitation act.

 
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Legal

Everyone is giving a different view on this practical issue

I am not getting how he can use the third cheque for recovery .

He is also receiving 25000 per month for some time, how this fact can be used in the proceedings for recovery?

Please put some more light on the solutions available to the querist 

 
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please make a table about the loan amount and received amount. then u will able to know the exact amount to be claimed. with the cheques in your hand and the repayment schedule and amount received you can file cheating case under ipc 420 or u can file recovery suit as adviced above my our legal fellow.

 

 
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