Fraud Person
Krunal Patel
(Querist) 28 July 2011
This query is : Resolved
Dear All,
One of Person residing in our Area had taken 2.45 Lacs from us as a DEBT, Further he had given cheque for the Bank located in Daman(U.T.)
Now the cheque had bounced and even that person is not available. When we visit to his FLAT their is notice from Bank that Flat is been mortgage.
Then we approached to Lawyer who has asked for Rs. 50000 Fees but no guarantee for return of our Funds.
Also the period for which we can complain is passed almost One Year.
Can you suggest how can we search that person and what can be legal ways to proceed.
ajay sethi
(Expert) 28 July 2011
1) no lawyer cna guarantee that you will receive back your money advanced by you of Rs 2.45 lakhs
2) you have stated that cheque has bounced and the period whithin you could file a complaint under section 138 of NI Act is over
under such circumstances you can file a civil suit for recovery of money under order XXXVII of code of civil procedure
3) your lawyer will advise you that in case summons served upon the defendant is returned on grounds left you can serve summons through substiuted service on the defendant
M/s. Y-not legal services
(Expert) 28 July 2011
Yes am agree with expert's view.. As per your words its one year got over. Its not possible to sue under n.i act. You have only one way to file a suit for recovery of money. Also you don't know his curren residence. May be summons served by substitute services. But whats the benefit? With that exparty you can't get back your money. So just try to find him. Then you may decide the next quest to collect your money.
JT Rajasuriya, Chennai
(Expert) 01 August 2011
You can file a criminal complaint. For details you have to pay for professional consultation.
Krunal Patel
(Querist) 02 August 2011
Dear Mr. JT Rajasuriya,
Please advice whom should be we approach and what is the procedure for criminal complaint.
Thanks
