Cheque bounce case
Danda Venkat Reddy
(Querist) 23 May 2014
This query is : Resolved
ADVICE PLEASE
A lent 5,00,000/- to B on 1-7-2013. Got promissory note dated 1-7-2013. And obtained a post dated cheque with 25-10-2013 which was bounced for insufficient funds. Case filed against B. The counsel for A, in his plaint stated that B approached A on 5-8.2013 for loan and obtained loan on 10-08-2013. And given a promissory note on the same day. And stated in the list of documents , original promissory note dated 10-08-2013, which is actually with the date 1-7-2013 ( there is no promissory note with date 10-08-2013). In the marked exhibits, it is mentioned as original promissory note dated 10-08-2013. And in the judgment also, in the list of documents, contains original promissory note dated 10-08-2013.
The judgment is delivered against the complainant stating that loan was asked on 05-08-2013, and amount is given on 10-08-2013. How the promissory note will be anti dated i.e. 1-07-2013. Hence no transaction has taken place on 10-08-2013.Case decided against complainant.
The complainant caused a heavy loss due to the negligence of counsel. Please suggest the grounds for appeal. Is there any provision to lodge a complaint against the counsel for negligence.
P. Venu
(Expert) 23 May 2014
The complainant can approach the civil court for realization of the loan amount as evidenced by the promissory note.
Dr J C Vashista
(Expert) 23 May 2014
I agree with expert advise of sh. P Venu. Besides recovery suit the complainant can file an appeal before Sessions Court
Guest
(Expert) 23 May 2014
Your query does not seem to make the things clear.
When you say that the promisory note was dated 1.7.2013, how the promisory note with the judgment could bear the date of 10.8.2013?
Also, can you please clarify in what way you are related to this case with particular reference to A?
Rajendra K Goyal
(Expert) 23 May 2014
Author please reply the questions raised by the expert PS Dhingra ji.
ajay sethi
(Expert) 23 May 2014
no case is made out against counsel . all pleadings are filed in court after approval from plaintiff . it is duty of Plaintiff to cross check facts are correctly mentioned in the plaint
Danda Venkat Reddy
(Querist) 23 May 2014
Dear Sethi ji, all pleadings will be filed in court after approval from plaintif which is common on the belief of the counsel. but how a counsel can draft a plaint stating the promissory note as dated 10-08-2013 which is originally dated 01-07-2013. and there is no promissory note with date 10-08-2013. if plaintiff is responsible for all the plaints, drafted by the counsel and signed by the plaintiff, then where is the scope for the complaints filed against the counsels under professional misconduct.
T. Kalaiselvan, Advocate
(Expert) 24 May 2014
The author instead of taking a bye pass route, should first answer the questions raised by expert Mr. Dhingra. The counsel of advocate cannot be responsible for the debacle, it is the complainant who should have pointed out the mistake in case the counsel has allegedly mentioned the wrong date of the promissory note in the complaint. Moreover there appears no relativity for the date to be mentioned as error from 01.7.2013 to that of 10.8.2013. Thus callous and lethargic approach to the issue has proved fatal to itself. Now the relief available will be before the civil court as money recovery suit.
