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Querist : Anonymous (Querist) 23 March 2010 This query is : Resolved
I sold a product to a person in 2006. on 15/12/2006 he issued me a cheque. as per discussion with him that cheque was deposited in bank in june 2007. on 14/06/2007 that cheque was returned by his bank stating "insufficeint fund". from that day he is saying that i will make the payment but he is not doing the payment. What can I do?

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Daksh (Expert) 23 March 2010
Dear Anonymous,

You could have persued the criminal remedy as per Section 138 N I Act but now that has become time barred.
On the civil side you still have an option left to file and persue a Summary Suit under order XXXVII Civil Procedure Code.

Best Regards

Daksh

Parveen Kr. Aggarwal (Expert) 23 March 2010
You must file civil suit for recovery of the amount immediately otherwise after expiry of the period of three years, the civil suit will also be time barred.

B K Raghavendra Rao (Expert) 23 March 2010
Presuming that the cheque date is 15.12.2006, unless your client agrees liability subsequently, you cannot file even the civil suit as it is time barred.

Kumar Thadhani (Expert) 23 March 2010
You still option to file suit for recvery of amount. .Kindly take immediate step. for recovery.

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