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aa.ashokkumar (student)     16 February 2012


Dear sir,

Iam from coimbatore.A complainant aged 88 years has filed a cheque bounce case on 27th jan 2007.the issue is still pending,since one of the accused has filed quash petition at high court and very recently the person was discharged frm the case.Now at this juncture is it possible to file a money recovery cvil suit  with the same cheque, so that a civil liability is created and inturn the legal heirs of the complainant can pursue the matter even if the complainant dies owing to his old age.If yes, i request all learned friends to cite the relevant case laws or procedure to file the civil suit.Thank you all and best wishes.


 2 Replies

Shantilal Pandya ( Advocate)     17 February 2012

 A civil suit  can be  filed   if it is  within limitation  ie,  3years  from the  date of the  cheque , if the  complainant  dies   his heirs  can  continue  complaint  even after   death 

Advocate Bhartesh goyal (advocate)     23 February 2012

No,now civil suit for recovery of money can not be filed as more than three years  has been passed  being  issued the said cheque.Limitation starts from the date of issuance of cheque so civil suit for recovery of money is not maintainable.

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