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CHQ given under notorised MOU returened
27-Feb-2023 (In Cheque Bounce Law)
Sir
I had rec'd 3chqs from party from whome I had to take my pending payment. He had given me chqs with the undertaking on written MOU on stamp paper duly notorised and stamped. Now all these chqs are returned unpaid by bank for which I had registered cases us 138 in the court these cases are pending since 2015. And there is no progress in the case. I wanted to know if there is any other remedy to recover the amount along with the case us 138. I want to know what is the meaning of getting the MOU signed if the remedy is only 138 case. In the MOU the party has confessed that he has to pay the amount to me and he will pay the amount vide the chqs given to me mentioned in the MOU.
Kindly advise me what further step I should take along with the existing 138 case. Pl advise other remedies for fast recovery of my money. Can I file a police complaint for breach of trust.
Hello sir. Using the MOU, you can file a civil suit for specific performance or a money recovery suit also. However, the 138 offence is the speediest way of redressal. Could you explain why it has not provided you any results since 2015? Because it is highly unlikely that something like that happens. You may get in touch with me for further details.
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Adv. Shabnam Abbas Vandeliwala
Surat | 25+ Answers
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