Y.SARATH BABU (ADVOCATE) 22 September 2009
GOOD AFTERNOON TO ALL THE MEMBERS,
I have given an amount of Rs.1,00,000/- to Mr.X on interest of 24% on executing the mortgage deed which was not registered, but he had issued a post dated cheque for the said amount. can i file cheque bounce case basing on the unregistered mortgage deed and can i file a civil suit against the property of the mortgagor which was mortgaged by him by way of unregistered mortgage deed. Please suggest me.
Sanjay Bansal (Partner) 26 September 2009
Mortgage is a security in lieu of loan. In law any instrument relting toimmovable property is required to e registered.
As far as filing a case for dishonour of cheque is concerned, it is maintainale if the steps required in law (notice etc) are taken in time and the complaint is presented in time.
Recovery suit is also maintainable in addition. Even a summry suit under order 37 CPC is maintainable.
Adinath@Avinash Patil (advocate) 26 September 2009
DEAR BASU,
You can file complaint u/s 138 of N.I.Act if cheque bounced but you follow the ingrediant and requimennts And limitation of N.I. Act section 138,141,142.
You can file civil suit for recovery of amount .
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