Suresh (Farmer) 31 August 2017

Accused died in cheque bounce case

I lent some money to my friend in 2012. When I asked to repay, he started to avoid me. I filed a case in 2013 U/s 138 of NI act. In 2015, the case was transferred to other city, due to non-home bank branch rule. I was forced to file the case again from start in the court jurisdiction, where the home bank resides. In 2016, the accused died. Is there any way, I can file for recovery of my money? The accused has ancestral property. Is there any time limitation to file for recovery? Are there hopes to attach the ancestral property?

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Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 ) 31 August 2017

No criminal action can be taken against accused's legal heir, but you may file suit for recovery of money against the legal heirs. Please don't let it be time barred.File summary suit for money recovery from the legal heirs.

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Suresh (Farmer) 31 August 2017

Sir,

Thanks for the valuable suggestion. I have a small clarification. The cheque bounced in July 2013 and subsequently case was filed in the same month. Due to non-home branch of the bank, the case was transferred and started fresh in Jan 2015 in another court. The accused expired in Dec 2016, but the legal heirs have not submitted the death certificate till date. Is the time barred or do I have time to file the suit? I heard, civil suit must be filed within 3 years. Which date will the court consider to calculate the time bar? Is it July 2013 or Jan 2015 or Dec 2016?

Advocate Bhartesh goyal (advocate) 31 August 2017

Yes you could file civil suit for recovery of cheque amount with interest within three years from the date of lending money or from the date of cheque but now you ca not file as time barred.

Suresh (Farmer) 18 October 2017

Sir,

Thanks for the information. I read from the internet that the time starts again from the day the party acknowledges and commits to repay the debt. Is it true? In my case, in the last year, the party has given in writing that he will clear all dues in some time. Will this letter be sufficient to say that it is not time barred? Do I have chances to file for recovery?