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Gaurav   28 December 2016

Cheque dishonured

I gave an amount of Rs 36 lacs to a builder as a loan which he promised to return within 6 months. He also promised a property in noida in the event if he fails to payback on a promissory note. obviously, money never came back hence I deposited the check amount rs20 lacs, which was dishonoured. Case filed under section 138 B didn't bear any results as the check issued was a company account we needed to impede the company before we impede the individual ( director). Case cannot be resubmitted as time has lapsed . Now lawyer suggests to go for section 420 and recovery suit. Following are my questions: 1) can the case for 420 be filed in dwarka court if the said property is located in noida? 2) Can the 420 case be filed by itself or is it necessary to substantiate it with recovery suit. I don't have finances for filing recovery suit.


 1 Replies

Advocate Bhartesh goyal (advocate)     29 December 2016

complaint for the offence committed u/sec 420 of IPC can be filed at palce where the offence was committed,i.e where you recieved cheque or where he made false promises to you to pay the amount and also where you gave him said amount.you can file complaint in court under whose jurisdiction such places comes.Recovery suit can be filed within three years from the date of lending money so you can file that later on.


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