Negotiable Instruments: Exhaustive Coverage by Adv Roma Bhagat. Register Now!
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anuradha goyal (member)     08 February 2012

Maintainbility of civil suit u/o 37

A firm issued a cheque dt. 3/9/9 as an advance for supply of material.Invoice was raised on 22/9/9. cheque bounced on 1/12/09. whether civil suit can be filed u/o 37 for recovery.


 4 Replies

adv. rajeev ( rajoo ) (practicing advocate)     08 February 2012

to recover the amount limitation is 3 years.  Here you will get 3 years time to file a suit for recov ery of khata balance from the date of cheque bounce. 

adv. rajeev ( rajoo ) (practicing advocate)     08 February 2012

1-12-09 to 31-12-10  -- one yer

1/12/10 to 31/12/11   -- second year

1/12/11 to 31/12/12  -- third years

Still you have to 10 months to file case, if you giv e the notice in between this period you will get again 3 years from the date of receipt of notice by the person to whom you issued a notice.

anuradha goyal (member)     08 February 2012

cheque is dated 3/09/09 and invoice is dated 22/09/09 .How I will prove the legal liability  in this case

Advocate Bhartesh goyal (advocate)     03 March 2012

Yes you can file summary suit u/o 37 of prove the liability submit  copy of purchase order.

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