Money suit
jains
(Querist) 12 May 2019
This query is : Resolved
I want to file money suit on the basis of some bounced cheques, which were returned unpaid more than 4 months before. No legal demand notice were send on these cheques due to mediation. Is there any bar in filing money suit with out demand notice and on the lapse of 4 months ?. If demand notice is compulsory, can I send legal notice after 4 months ?.
Sudhir Kumar, Advocate
(Expert) 13 May 2019
Money suit you can file.
Criminal action for cheating you can file
For NI Act you have missed the bus.
PARDEEP KUMAR
(Expert) 13 May 2019
File summary Suit under order 37 of CPC,1908
SHIRISH PAWAR, 7738990900
(Expert) 13 May 2019
In your case you have send legal notice and if other person does not comply with the demand or repay the amount then you can file money recovery suit in civil court.
Dr J C Vashista
(Expert) 14 May 2019
Send a demand notice and file a civil suit for recovery, it would be better if you want your money.
You have failed to initiate action for punishment u/s 138 of the Negotiable Instruments Act, 1881.
It would be advisable to consult a local prudent lawyer for better appreciation of facts/ documents, guidance and proceeding.
Hemant Agarwal
(Expert) 15 May 2019
1. For Recovery of Money via a Civil court, you have Two years to start to initiate the recovery suit, for the legitimate money that is due to you.
2. AS A LEVERAGE: You can also prefer to file a Police FIR, requesting investigation and charge-sheet, for offences like cheating, intimidation, fraud, breach of trust etc.... against the person, supported with all relevant supporting documents.
3. IF the Police does not take action, THEN you can file private criminal case u/s 156(3) Cr.P.C., in the local Magistrates court, seeking directions to the Police to investigate and file charge sheet. The said Person may come down for settlement.
Keep Smiling .... Hemant Agarwal
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