Civil - money recovery

Hi All,

Facts of the civil suit:

  1. Cheque amount: Rs. 60000
  2. Cheque deposit date is of 2009 suit filed in 2012.
  3. No Notice received under sec - 138.
  4. Complaints with Police dating year 2010 for lost signed cheque and one more in 2012.
  5. Leave to defend declined

I have mentioned all the relvant points of this suit, wherein a person is claiming amount of Rs. 60000 from me.

The cheque presented is the one which was stolen, complaint for which complaint was made to bank/police station dating back to 2010. He has mentioned a date of 2009 and presented it having been aware of the complaint.. The cheque bear my signature (As the cheque was stolen from cheque book signed) but amount is mentioned is not my writing. The police complaint is not helpinng thus in this case. Account got closed in 2009. 

Should I appeal or pay? I fear he will have few more cheques which he will furnish once this suit is settled and what if this time he mentiones amounts in lacs...

What is the way to proceed? Please suggest !! I want to ensure that I am safe in future from such fake cases.


if you think that the person also possessed your another cheques then settle the matter amicably.




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