How to claim recovery on a cheque that bounced 6 years back?

This query is : Resolved 
 



Guest (Querist)
17 July 2009

How to file a case of recovery in Delhi after 6 years of bouncing a cheque ? Plz. read details to answer.?
I got a cheque of Rs, 275000/- in 2003 from a borrower friend of mine. This cheque bounced back with a bank memo that funds were insufficient. A legal notice was served to the accused. Mean while my house was white washed and I lost that cheque and bank memo. My father died during those days, I made a big business mistakes and I was financially under heavy pressure .I was under heavy mental depression also so I did nothing against that borrower of mine and no case was registered in court of law.

But now a days everything is settled and I have found out that cheque and that bank memo somewhere in my home.
I came to know that even a recovery suit of order 37 can not be filed after three years of issuing date of a cheque.
Is there a way out to present that cheque in the court to file a suit and recover that money?
Plz. Help thanks in advance.


A V Vishal (Expert)
17 July 2009

Dear Madhu

There is no other way of recovering the amount.

M. PIRAVI PERUMAL (Expert)
17 July 2009

Your claim is barred by limitation. You cannot legally force him you can only request him to pay back the amount.

Kiran Kumar (Expert)
17 July 2009

just request is left for u.

ur legal remedies are exhausted.

Swami Sadashiva Brahmendra Sar (Expert)
17 July 2009

there is no clear way. you may try with a delay condonation application.

Jayashree Hariharan (Expert)
17 July 2009

you can try your luck by filing a case alongwith condonation of delay application, though the chances are dim.

Ravi Arora (Expert)
17 July 2009

ld brothers are right

Sarvesh Kumar Sharma Advocate (Expert)
18 July 2009

with all the proove apply application u/s sec.-5 of limitation act and if it allow then you may be aable to recovr yr money.



Guest (Querist)
18 July 2009

I tank you all,your answer made the things clear to me.

V.V.RAMDAS (Expert)
18 July 2009

Dear Madhu,
the dely condonation petition is u/s 142(b) of N.I. Act and notin 5 of the Limitation Act.but it can be said that read with 5 of the limitation act.

KODAKKAL SHIVAPRASAD (Expert)
22 July 2009

As the validity period of an cheque is limited to six months, hence it's better to touch the person by mediation letter, mediation could be done by expert lawyers. You please find any mediation centre nearest to your residence area.

with best wishes,

Sachin Bhatia (Expert)
07 October 2009

There is no way of recovering the amount. Your claim is barred by limitation.



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