Recovery demand
KAPIL
(Querist) 12 December 2012
This query is : Resolved
Complainant was suit upon me U/s 138 against cheque bounced. He alleged that I was taken cash loan against cheque of Rs. 2,00,000.00. Reality is that I had never received any money from him nor signed any agreement. But he seceded from lower court and now I am in appeal with upper court against order.
Now, Complainant has filed parallel suit upon me for Recovery of Demand. What I Do Sir.Please help me.
ajay sethi
(Expert) 12 December 2012
both civil and crimnal proceedings can be filed . whether civil suit filed withion period of 3 years? the plaintiff will have to prove receipt of cash laon by you . if you had not take loan why you issued cheque of rs 2 lakhs
KAPIL
(Querist) 12 December 2012
I was issued cheque for Property as token of money but no agreement was made or written.
You did not written that from which date civil suit cab be filed within 3 years. Please clerify.
R.K Nanda
(Expert) 12 December 2012
defend both cases strongly in court.
V R SHROFF
(Expert) 12 December 2012
case is in your favour, as no cash transaction proof. , FIGHT .
Raj Kumar Makkad
(Expert) 12 December 2012
The term of 3 years start from the date mentioned on the cheque. If the civil suit for recovery has been filed within its 3 years then this is legal but definitely the plaintiff shall have to establish his lawful liability towards you on the date of issuance of cheque.
You have not disclosed your argument before lower trial court which has awarded punishment to you.
