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salila (student)     26 October 2021

Decree execution

 i have been trying to get stay from high court .as it was sure to get stay ,so we had given a post dated cheque in execution court .so before post dated cheque ,stay can be submitted in execution court. but we have not got any stay from high court as it has fixed next hearing dt 8th nov while 28th oct is payment dt chq.while prayed a chance more , now executing court has said we given earlier two chances , hence no alternate but to sentence jail.

pl suggest how can 15 days be allowed from executing court.in civil revision against jail order has also been dismissed as decree holder has right to get fruits of decree

wish to get any ray of hpe.

 



Learning

 5 Replies

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 )     26 October 2021

To avoid sentence by court, the post dated cheque must be encashed before time given. The Supreme Court has ruled that the stop payment of post-dated cheques issued by a person to settle his debt or liability could amount to a penal offence
 

 

salila (student)     26 October 2021

thanks sir,

  it is not question of bouncing . as i have given chq of allahabad bank which has merged into indian bank . i have no chq of indian bank ,it will take time to process , so i seek some at least 10 days for replacement . but neither decree holder nor executing court is ready to listen . i have assured to clear chq/ decree if furtehr 10 dyas be given more .

it seems hard  to get time and looks court may order for detention .

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 )     27 October 2021

Court will ask Demand Draft not cheques at this juncture.

1 Like

P. Venu (Advocate)     27 October 2021

The facts posted are less than convincing. To my knowledge, no Court will accept post-dated cheque!

Env Coord (.)     08 December 2021

Telling from experience, I am decree holder in a summary civil suit under execution. After filing execution petition, the opposite party (Debtor) came to Court with his lawyer. The debtor submitted crossed cheque, to which my advocate objected. Judge agreed with my lawyer and asked the debtor's lawyer to instruct his client to either withdraw cash from ATM or arrange for a demand draft. Generally, it is observed that Courts frown upon debtor's when they (debtors) approach Court with a cheque, because in the eyes of law, a debtor is deemed to be a defaulter. Hence, Court's are reluctant to grant indulgence to debtors when they present a cheque, due to the apprehensions that the cheque might bounce, afterall he is a debtor who is being prosecuted for his default.


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