member
[ Scorecard : 197]
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Posted On 27 April 2012 at 16:24
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Good evening experts,
I have one query. A supplied goods to B and raised an invoice of Rs 1,80000/-.B gave a cheque of Rs 100000/-.Cheque bounced.B didn't file 138 case..Almost one year has passed. Now whether A can file simple recovery suit or he can file summary suit U/o 37 Rule 1 &2.
Thanxs
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ADVOCATE
[ Scorecard : 478]
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Posted On 27 April 2012 at 17:13
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Yes he can ... before that he can issue a letter & legal notice regarding the non payment of dues ..
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ADVOCATE
[ Scorecard : 1758]
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Posted On 27 April 2012 at 18:46
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yes, he can do that . it would however be preferable if he sends a legal notice first to B
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Advocate
[ Scorecard : 132]
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Posted On 28 April 2012 at 12:18
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Dear Friend,
You must first issue demand notice. Thereafter, you have to file summary suit for recovery.
Regards
VIRAJ KADAM
Advocate, Supreme Court of India
virajkadam@gmail.com
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Prakash Legal Clinic Haridwar
[ Scorecard : 1935]
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Posted On 29 April 2012 at 20:38
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Yes recovery suit is maintenable- But you have to pay stamp fee % of total amount whereas in 138 N.I. Act it was nominal.
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advocate
[ Scorecard : 5318]
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Posted On 30 April 2012 at 20:38
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Now you have only one option that is" Recovery Suit " as limitation to file cheque boncing case has been expired..
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Practicing Advocate/Legal Consultant/Legal Process Outsourcing, 08427414792
[ Scorecard : 6425]
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Posted On 01 May 2012 at 06:34
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Recovery suit is the only option
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member
[ Scorecard : 36]
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Posted On 02 May 2012 at 00:58
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what is 138 case? plz guid?
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lawyer
[ Scorecard : 107]
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Posted On 02 May 2012 at 10:36
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limitation for filling such kind of suit is 3 year from the transaction. or demand notice, you can file suit for payment of bill on transaction,bill etc.....if that is not aailabel as well u can file suit based on cheque, within 3 years of return of cheque
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