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Tarachand   18 February 2018

Game played by defendant in court to withdraw rcs


Plaintiff filed RCS before CJJD for recovery of amount with interest


Defendant filed an application complaining therein that Plaintiff charged heavy rate of interest @ 4% per month but he further stated therein that however he (Defendant) is ready to pay the whole amount in 5 equal installments.


Court granted time


But Defendant failed to honour even a single installment


Then Defendant approached to Plaintiff with requests for further 03 installments and offered to mortgage three properties by making in advance “Agreement to Sale” of those properties in favour of Complainant with promise that in case of dishonor of Cheque the Defendant will register the “Agreement for Sale” of respective property BUT simultaneously the Defendant requested to withdraw the said RCS


Plaintiff agreed on good faith because Defendant is a Chartered Accountant and they both approached Court and submitted the aforesaid Offer letter and accordingly the RCS was withdrawn


Now the Defendant again dishonoured two Cheques and refused to register the respective properties by saying that there is some technical problem and not only that but the Defendant sent letter to Plaintiff that he has financial problem so he cannot pay now but he will pay later in pieces of each installment @ 9% interest p.a.


Actually the Defenadnt did not pay even Rs.200/- to Plainitff  after the RCS was withdrwan 


What can Plaintiff do ?


Guide please



 2 Replies

Siddharth Srivastava (Advocate)     18 February 2018

File complaint case u/s. 138 NI aCT FOR DISHONOURING OF CHEQUE. 

kunal “#unconventional #Aquari   19 February 2018

agree with above

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