Payer not paying the amount

Querist : Anonymous (Querist) 09 December 2011 This query is : Resolved
sir/madam
my mom gave an hefty amount of rupees two lakhs fifty thousand to a person, she made an agreement that she would requite the net amount after 3months, after which my mom called her and said that the duration to pay the amount is lapsed and asked her to pay the amount immediately to which she borrowed a verbal attack with my mom n said that i need another 6 months etc etc,but we came through different channel that sheis emigrating to a different country in a month, but she is frauding us by telling that she will give back in 3 months,my mom lost the genuinty in her words and wanted to file a suite, i would like to know whats the procedure to file a suite and also any means to block her passport till she requite us our net amount... as matter of solid evidence v have a promisorry note drafted and signed by her and also two bounced cheques...please do assist us the proper legal channel and how to resolve the case as early as possible

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Guest (Expert) 09 December 2011
Better get help from some local lawyer to file a suit against the defaulter.

Querist : Anonymous (Querist) 09 December 2011
many thanks for the reply sir but i would like to know whether the evidence i have is tangible enough to file a suit against her, what i have is the promissory note signed by her and two bounced cheques and is there any chance for her to counter-argument the suit filed

Raj Kumar Makkad (Expert) 09 December 2011
You have cause of action to initiate 3 cases simultaneously against that lady. You should immediately serve two separate legal notice under the provisions of section 138 NI Act to her to return the amount of those bounced cheques within a period of 15 days of receipt of notice failing which to face criminal cases.

You can also file a suit for recovery against her and can pray the court to keep hold on the immoveable property of that lady till the finalization of the case under the provisions of order 38 rule 5 read with section 151 of cpc. You have sufficient evidence in hand to initiate all 3 cases.