Diishonour of Cheque - Court order not favourable -
p sushama rajan
(Querist) 20 April 2010
This query is : Resolved
Respected Sir,
My father, a senior citizen aged 71 years, lost his civil case against Mr.Pari, who issued two cheques for Rs.11,50.000 which was dishonoured in the year 2003. The case went on from 2004 to 2009, after which the judge dismissed the case. My father solely relied on this money which was his retirement benefit which he gave Mr.Pari. Now he is in a mental agony and is depressed, as he feels that this was the only source of his living. Kindly advise as to what can I do as his only daugher to help him . Your advise is highly valuable
Thanking you
yours sincerely
psushamarajan
R.R. KRISHNAA
(Expert) 20 April 2010
There is no other option other than to go for an appeal. Discuss with your advocate the merits of the appeal and proceed accordingly.
Raj Kumar Makkad
(Expert) 20 April 2010
There is no need to get depressed. File appeal against the order and also file civil suit for recovery simultaneously over the amount of cheque.
A V Vishal
(Expert) 20 April 2010
It is unclear on what grounds the case was decided against you. Only a perusal of the facts and the judgement copy can resolve your query.
p sushama rajan
(Querist) 20 April 2010
Thank you Sirs. The court order came up on Nov 5th 2009. Can I know what is the time period within which I can appeal. We never thought about it as my father was not well. And moreover, I am not interested in the same advocate for various reasons. Kindly advice me.
A V Vishal
(Expert) 20 April 2010
The period for appeal is 30 days from the date of the judgement.
p sushama rajan
(Querist) 21 April 2010
Dear Mr,A.V.Vishal, expert,
The judgement was on Nov 5th 2009. Is there any way I can represent my father's case anywhere? or will he not be able to get justice inspite of him being a senior citizen? I would be grateful to you if you could guide me in this regard.
Thanking you,
yours sincerely,
psushamarajan
A V Vishal
(Expert) 21 April 2010
If there is any reasonable cause for delay in filing the appeal the court may condone the delay, however, it is the discretion of the court.
