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.
anuradha goyal (member) 08 February 2012
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.
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 C.P.C.to prove the liability submit copy of purchase order.