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what should a person do when time period gets exhausted
20-Jul-2023 (In Cheque Bounce Law)
I given advance of rs 5 lakhs for purchasing a flat in April 2012 to builder by executing stamp paper which was unregistered. Due to some problem the builder return my advance through cheque dated 7-7-14 which was bounced and I issued lawyer notice in August 2014 with return acknowledgement, but I have not filed case in court as of now due to heavy court fees asked by lawyer and discouraged by saying it will take 10 years to settle caseCan I file case now in court of law or it is time barred, is there any chances of winning the case. The original document cheque and original bank advice are with me.
Dear Client,
You can file a cheating case against the person who cheated you by receiving Rs. 5 Lakhs. In April 2012 you paid the amount through Stamp Paper. For cheating case he will be punished for 7 years. Limitation also seven years for filing cheating case. Rush up. Give complaint in the concerned police station or file a private complaint in the concerned court before magistrate by engaging an expert advocate who has been doing cheating cases. Don`t delay the matter. You must file agreement and dishonoured cheques as proof of cheating case which is proposed to file against the concerned person. You must produce best evidence. Whether you have witnesses on the stamp paper otherwise you must prepare for getting best evidence as witnesses to produce before court. Do the needful as early as possible.
You can file a cheating case against the person who cheated you by receiving Rs. 5 Lakhs. In April 2012 you paid the amount through Stamp Paper. For cheating case he will be punished for 7 years. Limitation also seven years for filing cheating case. Rush up. Give complaint in the concerned police station or file a private complaint in the concerned court before magistrate by engaging an expert advocate who has been doing cheating cases. Don`t delay the matter. You must file agreement and dishonoured cheques as proof of cheating case which is proposed to file against the concerned person. You must produce best evidence. Whether you have witnesses on the stamp paper otherwise you must prepare for getting best evidence as witnesses to produce before court. Do the needful as early as possible.
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Adv. Sistla Rama Krishna
Vijayawada | 400+ Answers
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Hello,
You can file a suit for recovery of the money in the jurisdictional civil court although 3 years have gone by and is time barred. You will have to file the suit along with delay condone petition under Limitation Act. The court may accept your suit. Coming to predicting the chances of winning the case, it is difficult without seeing the documents and the notice that you sent to the builder.
You can file a suit for recovery of the money in the jurisdictional civil court although 3 years have gone by and is time barred. You will have to file the suit along with delay condone petition under Limitation Act. The court may accept your suit. Coming to predicting the chances of winning the case, it is difficult without seeing the documents and the notice that you sent to the builder.
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Adv. B. Srikiran
Hyderabad | 500+ Answers
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It is time barred. You have no remedy now to approach the court. Moreover you can approach the builder again, and request him to issue fresh cheque or pay the money by cash citing some or other reason to get back your money. However, you have one more remedy to file 420 IPC case against him, and also you can go for recovery of amount in civil court of law.
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Adv. Mustafa Ali
Hyderabad | 100+ Answers
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