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Sanjaycase (service)     07 March 2013

Need suggestion - confused

I have entered in notirazed investment aggrement with Builder (Like buy back plot scheme). Builder issued monthly interest checks as well as principle amount check as PDC against my investment. Recently the monthly interest check started bouncing for insufficient funds. Builder has closed the office and not picking the phone, not tracable at present.

When I checked with lawers one suggested civil suite for recovery of amount as objective is to recover the amount. Other suggested we will put 138 NI case which will put pressure on the accused to compramise. Onother suggested go and file 420 case in police as there are number of such cheating cases and the builder will not be tracable and hence 138 will not yield any results or even civil for that matter, only possibility is 420 resulting in some recovery.

Considering my hard earned money I am worried that is there a possibility to get my money back ? and confuesed on how should I proceed. It is like asking multiple doctors for second/third openion and you get different openion.

Please provide your inputs as experts.



Learning

 4 Replies

Advocate M.Bhadra   07 March 2013

You should file a Criminal Case u/sec.420 and 406 IPC in Magistrate Court and if the acused person is abscond then Court can attache his property if any u/sec.82 and 82 Cr.P.C.You  can also file a suit for Recovery of Money  and Attachment of Property if any before judgement in Civil Court.

Rajeev Kumar (Lawyer/Advocate)     07 March 2013

In the criminal case you can file a case u/s 420 and 406 of IPC. If the accused will not appear in court after summon then the court will issue proclamation of absconder u/s 82 of cr.pc and after that he remains absent then the court will issue attachment of property u/s 83 of cr.pc. You can also file a civil case for recovery of money as Recovery Suit.

Rajeev Kumar (Lawyer/Advocate)     07 March 2013

In the criminal case you can file a case u/s 420 and 406 of IPC. If the accused will not appear in court after summon then the court will issue proclamation of absconder u/s 82 of cr.pc and after that he remains absent then the court will issue attachment of property u/s 83 of cr.pc. You can also file a civil case for recovery of money as Recovery Suit. You should also file a case for specific relief act.

Sanjaycase (service)     11 March 2013

I was preparing for suit under 138 with and also sent a notice to builder. The notice bounced back as the office is closed. So based on your suggestions I understand I should not go for submitting a case under section 138. Is this correct ?


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