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OldWine007 (Service)     04 September 2012

Written contract to pay money destroyed

Mr. A - the broker who took responsibility of the stock portfolio of Mr. B - gave a cheque of Rs. 1,00,000 to Mr. B after the full portfolio was destroyed by Mr. A by his 'instructions' to trade on March 2010. That cheque was given in June 2012 & presented which subsequently bounced - for which Mr. B gave a legal notice to Mr. A u/s 138 in July 2012. Mr. A gave another cheque in August '12 which is still held by Mr. B. Now, Mr. A wants to pay in instalments for which he is ready to sign a contract. Is there any contract to pay off the liability of Mr. A which can be legally enforceable if Mr. A stops paying after few instalments? No, the monthly instalments will exceed March 2012, will the claim of Mr. B be considered as Time barred beyond that period after crossing 3 years limit?



Learning

 3 Replies

Ashish Singla 098140 76600 (Cheque Victim's Lawyer. LUDHIANA (PB))     04 September 2012

Mr Oldwine ji , 

You are from which side ,  A or B .

Your situation is not clear , pl explain it proprly.

OldWine007 (Service)     05 September 2012

I am from the side of Mr. B - who is a senior member of my family.

Ashish Singla 098140 76600 (Cheque Victim's Lawyer. LUDHIANA (PB))     05 September 2012

Hi , 

You start proceeding of section 138  of first cheque , when A will will start paying you instalments than take long dates , tell him clearly that you keep on paying money evrymonth regularly , in case you stop pay us than we will fast the proceedings , in the mean time you start the proceeding of second cheque side by side  but slowly , in case A does not pay you regularly than start both cases fast.


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