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Cheque presented second on 92 upon the assurance of Accused
06-Sep-2024 (In Cheque Bounce Law)
Cheque presented first time within 90 days upon assurance of Accused we presented cheque 92 days with memo insufficient funds came, now court says it is beyond 90 days, however 90 days limitation given by bank not 138, so what should we do? Cheque is of 2018 hardly chance to file recovery suit as my lawyer told. Please advise
you should file a summary suit,as you have cheque for evidence, once you file the summary suits,your money will be recovered within 90 days,most probably.
in cheque bounce case ,you can file with application of condonation of delay.
in cheque bounce case ,you can file with application of condonation of delay.
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Adv. Mukesh Kumar Sah
Delhi | 100+ Answers
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you can try for get an FIR filed against the person by approaching the relevant police station. It depends on the communication you've had with the proposed-Accused and a case can be made depending on the facts and communication between the two of you
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Adv. Rohan Sharma
Delhi | 200+ Answers
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Covid duration can be subtracted from limitation period. You can build a case based on the fact that the cause of action accrued at a later date.
The cheque aspect could have been resolved as it should be 30 days after the report of insufficient funds.
The cheque aspect could have been resolved as it should be 30 days after the report of insufficient funds.
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Adv. Kunal Sinha
Delhi | 200+ Answers
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You can always file it but it should be accompanied with an application under section 5 limitation act that is condonation of delay. But you need a strong ground to convince the judge regarding the delay. For more legal assistance I am just a call away.
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Adv. Jitender Singh
Delhi | 500+ Answers
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Dear sir, your lawyer has correctly advised you to file a recovery suit. However, we need to see if we can give a good reasoning to the magistrate to condone our delay of 2 days in filing our case, as limitation is such a thing, which totally depends upon the discretion of the Hon'ble Court. You may consult me in that regard.
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Adv. Puneet Srivastava
Delhi | 400+ Answers
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