Lack of proper evidence
Querist :
Anonymous
(Querist) 17 January 2012
This query is : Resolved
I have billed to X partner, in 2009 thier chq got bounced and till date not paid. ( 3 years has not been passed)
now i want to file Criminal recovery suits, but i do not have the deposit slip, of the bank.... but only having the return chq and memo, DN raised and given to the X partner but do not have acknowledgement. pl suggest can i file the case on this circumstances.
Raj Kumar Makkad
(Expert) 17 January 2012
There is no concept of criminal recovery in India.
As a period of 3 years from the bounding of the cheques has expired and even you have no vouchers and bank intimation so there is no scope for you to file any case against your partner.
Querist :
Anonymous
(Querist) 17 January 2012
Dear Mr. Raj,
3 years has notr been passed will pass in March'2012
i am not having deposit slip,
but i am having return chq and return memo with me.
i am having invoice duly acknowledge. but not having DN acknowledgement given to partner.
Amt involved Rs.130000/-
which case i have to file for this
Sudhir Kumar, Advocate
(Expert) 17 January 2012
you have lost chance to file criminal cae under section138 of NI act. Now you can file only civil suit after depositing the court fee (amoutn depends upon the stae where you file). In another two months you will loose chance even for civil suit also. You never said whether even the cheque is with you.
V R SHROFF
(Expert) 17 January 2012
Immediately file civil sit for recoveryt of 1.3 Lakh
Will cost you CIVIL COURT FEES Rs 7300/- & other exp say 2700/- Total Rs 10k. [ in mah state]
Adv fees negotiable
first send notice & then same time prepare civil suit to be lodge with whatever you have.
[If he pays immediately, ur court fee will be returned to you abt 6k ]
I hope u got idea,
Querist :
Anonymous
(Querist) 17 January 2012
Dear Mr.Shroff can i have your email id
Shonee Kapoor
(Expert) 17 January 2012
You can send PM to Mr. Shroff.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
Raj Kumar Makkad
(Expert) 18 January 2012
As a period of 3 years has not passed then file a suit for recovery of money.
Querist :
Anonymous
(Querist) 18 January 2012
Dear Mr Shonee, what is mean by You can send "PM" to Mr. Shroff
V R SHROFF
(Expert) 18 January 2012
Q & A are simple,
a person need something and suggested right way to find it by Shonee
PM is Persona Message system of this LCI. Now don't ask what is LCI
My E mail:
1]adv.shroff@yahoo.in
2]vinod_shroff@yahoo.com
cell 0 9892 4321 52 I AM BOMBAY BASES ADV
I am giving as yo personally requesting it for your personal use only.
I do not like to advertise my E Mails
OK
