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Money lended against cheques and bond execution

(Querist) 16 July 2009 This query is : Resolved 
Hi
My wife who is a Govt employee lended money to a muslim women in their locality, she has given cheques against it,executed bond on stamp paper for repayment schedule and a Plot paper Of(her brothers) as surety.
Her husband has executed the bond, and gave signed cheques for their liability stating that they would return the money in two months. when agreed time of 2 month is over they are not giving the money and going on postponing the date but still now even after 6 month we have not received even a single pie from them.
I request you to please suggest me how to take a legal action against them. is this a civil case or criminal case. How do i proceed can i lodge a civil suite/attachment against them or should i reach police for intentionally inducing me
Jayashree Hariharan (Expert) 16 July 2009
if you have bounced cheques, you can go in for cheque bounce case. You can also go for recovery case as you have a bond, which is civil in nature and ask for attachment of the said property, in case they fail to pay.

Two cases, either cheque bounce if cheques are bounced or recovery case on the basis of the bond.
M. PIRAVI PERUMAL (Expert) 16 July 2009
Cheque bounce cases are not for recovery of money it is for punishing a person for committing an offence under the Negotiable Instruments Act. For recovery of the money you can file a suit for recovery of money in the Civil Court along with ABJ application.
a.manoharan (Expert) 16 July 2009
simultaneously you can go for both civil and criminal cases
Sarvesh Kumar Sharma Advocate (Expert) 17 July 2009
go to the police station,file f.i.r. u/s-420 i.p.c.
and also go to the court for 138 n.i.act.
maynami (Querist) 28 July 2009
Hi
we have deposited the cheque and got returned stating insufficient funds. Now what would by my plan of action, should i approach police first or an advocate. your valuable suggestions would help me

Sarvesh Kumar Sharma Advocate (Expert) 28 July 2009
approach to a lawyer and give a legal notice regarding to cheque bouncing and recover the money which you give him/herwith in 30 days,other wise you will file the case u/s-138 n.i.act.(these points should be mantion in your legal notice )
then send me post that what reply came.
you can also contect me on my mob.


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