Partnership firm cheque
laxman
(Querist) 24 April 2012
This query is : Resolved
Sir I have a cheques given to me by a partnership firm. Since he owe me some money which I had given to him as a loan. He is the Managing Partner for his personal use he was taken the money. For the security purposes he was given Cheque and one supporting letter on company letterhead, it’s signed by same person. I came to know they are closed that bank account and company 3 years. If we asking the amount he is saying that the company was lose that’s y i can’t pay your amount the bank account was also closed 3 years back, know the company is not there.
YOU CAN DO what ever you want. ........... he was saying like that.
1. know the cheques are still valid?
2.Can I deposit the cheques now and legally raise a claim on him and how?
3.I have to take the action against him or against company?
4. i have to send the notices to remaining partners?
Plz help me
laxman
(Querist) 24 April 2012
Plz help
ajay sethi
(Expert) 24 April 2012
what were you doing for 3 years? your civil claim would be barred by limitation . similarly if you present cheque it iwll be returned on grounds accounts closed . no 138 case would lie
laxman
(Querist) 24 April 2012
Sir frm last one year he was not paying interest i have asked the money from there he was postponing sir..
is it possible to go for a case
ajay sethi
(Expert) 24 April 2012
why dont you disclose all facts at time you raise the query?
was interest paid by cheque ?
if so you can file civil suit for recovery of money
SAINATH DEVALLA
(Expert) 24 April 2012
Laxman you are not clear in your expression
Raj Kumar Makkad
(Expert) 24 April 2012
As the debt was certified by debtor till one year ago then the limitation goes till next 2 years to file a suit for recovery.
You can file a criminal complaint under section 420 IPC against the debtor alleging that he played a fraud with you.
prabhakar singh
(Expert) 24 April 2012
Facts stated by you are unclear.
What proof of loan you have?
What is its' date?
What is the date on cheque?
A debt advanced 3 years before would be treated time barred in law?
Shonee Kapoor
(Expert) 24 April 2012
I don't think any criminal action is possible only civil suit of recovery is possible because the limitation period would extend by two years.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
