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CHIRAG SAWANT (STUDENT - CA FINALS)     27 December 2008

HOW A STALE CHEQUE'S AMOUNT CAN BE FULLY RECOVERED??

RESPECTED SIR(S) / MADAM(S),
     ONE OF MY FRIEND, NAMELY - HIMANSHU PATEL, HAD TRANSFERED RS.1,00,000/- BY A/C. PAYEE CHEQUE TO HIS FRIEND'S A/C. ON REQUEST OF HIS FRIEND IN THE MONTH OF MAY, 2008. HIS FRIEND WANT TO BOOK A HOUSE FOR HIMSELF. IN RETURN, HIMANSHU PATEL TOOK A BLANK A/C. PAYEE CHEQUE FROM HIS FRIEND AND PUT DATE OF 10TH JUNE, 2008 AND AMOUNT RS.1,00,000/- AND KEPT IT WITH HIMSELF.
     NOW, AFTER GETTING RS.1,00,000/- FROM HIMANSHU PATEL HIS FRIEND USED THAT MONEY IN SHARE TRADING AND LOST THE AMOUNT WITHIN 1 WEEK.
     TILL DATE HE HAS NOT RETURN A SINGLE PENNY AND NOW ON THE OTHER HAND, HIMANSHU PATEL DIDN'T DEPOSITED THE CHEQUE BEFORE 6 MONTHS. SO IT'S STALE NOW. RIGHT??
     THE ONLY EVIDENCE HIMANSHU PATEL HAS IS PASS-BOOK ENTRY.
     KINDLY, SUGGEST ME THE RECOURSE OF RECOVERING THE MONEY OF RS.1,00,000/- FULLY. AND I WOULD ALSO LIKE TO KNOW - HOW MUCH TIME AND EXPENSE WOULD IT TAKE TO RECOVER SUCH AMOUNT??

     - CHIRAG SAWANT (GUJARAT STATE)



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 2 Replies

RAKHI BUDHIRAJA ADVOCATE (LAWYER AT BUDHIRAJA & ASSOCIATES SUPREME COURT OF INDIA)     27 December 2008

u can go to civil court & file a recovery case within three years of the date of issue of cheque.It is a sumarry trial.

Sudhir Kumar, Advocate (Advocate)     25 November 2011

Agreeing with Rakhi Budhiraja I will add that the said staele unpreented cheque is an evidenc eof the amount being due.  By the way if the lender has not presented cheque within 6 months it is least likely he will file civil suit within time.


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