How to claim recovery on a cheque that bounced 6 years back?
(Querist) 17 July 2009
This query is : Resolved
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.
(Querist) 18 July 2009
I tank you all,your answer made the things clear to me.
(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.
(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,
(Expert) 07 October 2009
There is no way of recovering the amount. Your claim is barred by limitation.