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SV (Engineer)     23 March 2012

Person not returning debt

Hi All,

I am in to construction business and I owed somebody 10 lac rupees and he had given me 2 blank cheques and promised to return the money in a month but now its been more 4 months and the person is not returning the money and saying he doesnt have it and will not be able to return now.

 

In this situation if I deposit the cheque will it help the cause, how strong is our law and how much time will the courts take to process the case and will I also get  my standard interest.

 

Please help me with your valuable suggestions

Thanks

Sam



Learning

 7 Replies

Shantilal Pandya ( Advocate)     23 March 2012

you can file  a suit to recover the amount  on return of the cheques  or file complaint  u/s 138 of the negotiable instruments act  but the filing of the suit  is better  and remember that the  recourse to  s.138 is not meant for recovery of the amount, the civil disputes  if any are  decided by the civil suit,  Feel free to contact .

 . 

adv. rajeev ( rajoo ) (practicing advocate)     23 March 2012

You can ifle a complaint u/s 138 but it is criminal proceedings you cannot get recover the money, but if you filed NI act you have to prove that you had so much of accounted money, otherwise it will be dismissed.  So you file a criminal case as well as civil case with a proof of having so much of accounted money.

Shantilal Pandya ( Advocate)     23 March 2012

A    criminal case  is decided upon  provng evrything needed  beyond reasonable doubt , if the  evidence  false short of  the standard   required , then the  case may be dismissed, in the criminal case the accused may not offer himself foe cross examination , while in civil case he has to file wriiten statement in an answer to the  averments contained  in the plaint , if he  does not  make  defence  or does not  step into witness box  an adverse inference  can be  drawn against him , more   his  admissions  if any  can be taken into account  while judging the evidence on record , and the civil case is decided upon  probabilities of existance of the  facts,NO reasonale doubt therory is applied in the civil case . 

DEFENSE ADVOCATE.-firmaction@g (POWER OF DEFENSE IS IMMENSE )     23 March 2012

To win a blank cheque case is bottom less pit so do not remain over confident.

Shantilal Pandya ( Advocate)     23 March 2012

that is why also there is  a ground for civil suit on original loan  also where  the defendent  will have to reply by filing w.s.


(Guest)

Dear SV

don't worry

Never fill the cheques yoursilf. It can be harmful to you.

Just meet a Criminal advocate personally- He will solve your problem within a minuts.  Don't west your time.


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