How A Stale Cheque's Amount can be Fully Recovered??
CHIRAG SAWANT
(Querist) 27 December 2008
This query is : Resolved
RESPECTED SIR(S) / MADAM(S),
ONE OF MY FRIEND, NAMELY - HIMANSHU PATEL, HAD TRANSFERED RS.1,00,000/- BY A/C. PAYEE CHEQUE TO HIS FRIEND'S A/C. ON REQUEST OF HIS FRIEND IN THE MONTH OF MAY, 2008. HIS FRIEND WANT TO BOOK A HOUSE FOR HIMSELF. IN RETURN, HIMANSHU PATEL TOOK A BLANK A/C. PAYEE CHEQUE FROM HIS FRIEND AND PUT DATE OF 10TH JUNE, 2008 AND AMOUNT RS.1,00,000/- AND KEPT IT WITH HIMSELF.
NOW, AFTER GETTING RS.1,00,000/- FROM HIMANSHU PATEL HIS FRIEND USED THAT MONEY IN SHARE TRADING AND LOST THE AMOUNT WITHIN 1 WEEK.
TILL DATE HE HAS NOT RETURN A SINGLE PENNY AND NOW ON THE OTHER HAND, HIMANSHU PATEL DIDN'T DEPOSITED THE CHEQUE BEFORE 6 MONTHS. SO IT'S STALE NOW. RIGHT??
THE ONLY EVIDENCE HIMANSHU PATEL HAS IS PASS-BOOK ENTRY.
KINDLY, SUGGEST ME THE RECOURSE OF RECOVERING THE MONEY OF RS.1,00,000/- FULLY. AND I WOULD ALSO LIKE TO KNOW - HOW MUCH TIME AND EXPENSE WOULD IT TAKE TO RECOVER SUCH AMOUNT??
- CHIRAG SAWANT (GUJARAT STATE)
anish arora
(Expert) 27 December 2008
i agree with my friend suit for recovery is the best suitable at this stage
Guest
(Expert) 27 December 2008
There are two methods - (1) file a recovery suit as suggested my friends (2) file a summary suit under O.37 of CPC. The litigation cost depends upon the place where generally the suit is filed. The court fee in Delhi for Rs.1,00,000/- suit is Rs.3,320/- and counsel fee may be about Rs.10000/-, depending upon the counsel.
DEFENSE ADVOCATE.-firmaction@g
(Expert) 28 December 2008
If evidence is avialable that money was given for booking a flat but instead the borrower used it for other purpose a private criminal case for cheating case can be filed.
However you have to show how you believed and trusted to part with this amount.
