Can I deposit the cheque to recover the amount accrued for last 15 yrs

804 votes

You can definitely file a section 138 proceeding. Since his signature are on the cheque, he will have to prove that you did not owe him money. Burden of proof will not be on you. In terms of time frame, it can take anywhere from 1-5/6 years for the case to get decided assuming the accused denies that he owed you money. The legal fee would vary depending upon the experience and expertise of you lawyer you engage. You will have junior lawyers who would be okay with Rs. 50,000 for the whole case and others who will charge more and even on a per-hearing basis.

Advocate Dhruv Suri LawRato

583 votes

You may deposit the cheque and in case it is dishonoured you may initiate steps under section 138 of the NI act. Limitation will run in terms of the said section. You may also institute a suit for recovery after satisfying the issue of limitation which should be possible in the given facts

Advocate Rajat Joseph LawRato