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Gaurav Sachan   27 August 2020

Check Bounce Case

I have an old cheque bounce case of 2013 wherein check was drawn favour of my father's proprietorship firm.Chq was bounced and my father filed a case in court but after my father's demise no body followed up on the case as nobody was aware.Now I found that old file which has all the details of chq bounce and I want to pursue that case.

wanted to check if I can reopen that old file again to pursue the case now.


Learning

 10 Replies

{Balu manikantan} SUBRAMANYAM (Practising Advocate)     27 August 2020

The case would have got dismissed for non appearance of the complainant.

Check the case status by approaching the concerned court.

Approach a high court lawyer and seek a direction for the  restoration of the case in the High court by stating the facts. You may or may not be successful because of the huge delay.

Dr J C Vashista (Advocate)     28 August 2020

When, why and where the case was dismissed ?

What is the opinion and advise of the lawyer engaged by your father ?

1 Like

G.L.N. Prasad (Retired employee.)     28 August 2020

There is only one person that can guide you and that is the Advocate that handled the case.  It is surprising as to why he remained silent without reminding your father's legal heirs about the cheque bouncing case or at least not reminding any one through mobile.   Contact him and explore the possibility.

Kishor Mehta (CEO)     28 August 2020

It will be difficult to convince the Court for the inordinate delay also 'Law of Limitations'  will apply. However Best of luck. 

P. Venu (Advocate)     28 August 2020

Yes, please ascertain the status of the case.

Gaurav Sachan   28 August 2020

I had no clue if case was dismissed or not as lawyer only told that he has sent the notice to the person but haven't got any response and he also didn't follow up post my father demise and told that now the file which he had is not with him so he cant give more update on the case.

G.L.N. Prasad (Retired employee.)     28 August 2020

It appears that there is no proper follow up at any level.  Son says he is not having any idea as to whether the case was filed or dismissed.   Advocate confirms that notice issued but there is no proper response.  Essential elements are badly missing.

1. Where is the bounced cheque Now  2.What is the date of cheque  3.When the period for a reply by drawer expires.  4.If the advocate says there is no response, he should have told you the fact that the case was not filed at all.

Now, explore other options for recovery without depending much on the outcome of the bounced cheque as there must be some documentary evidence of promissory note etc.,  

Contact service provider if your father is having a mobile and explore for the possibility of data retrieval 

Facts are not adequate to give any opinion.   Contact local advocate and show him the bounced cheque and return memo and previous experience with first advocate and explore possibilities, opportunities, alternates.

 

Kishor Mehta (CEO)     28 August 2020

Before you enter into further exercise verify whether 'Law of Limitations' is applicable to your case, if yes then all the exercises will be futile. 

yogesh navmahalkar (Lawyer)     29 August 2020

dear client,
the case will be dismissed by the court

Dr J C Vashista (Advocate)     29 August 2020

Presumptions and assumptions shall be fruitless.


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