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Filed suit for recovery party not coming for hearing what can i do
19-Sep-2023 (In Cheque Bounce Law)
I had given loan of Rs.5.60 lakhs. 12 self-drawn cheques were issued by the accused out of which 8 have been encashed for total amount of Rs.1.57 lakhs. 9th cheque for Rs.2.0 lakh has been bounced. I have filed summary suit for receovery of 4.03 lakhs with interest and other cheque bouncing case for 2.0 lakhs u/s 138. The accused has not replied against recovery suit. The date of case u/s 138 is coming. What should be our action. Shall I go for case under section 420 against the accused.
U have to file a case for cheating and forgery under fir this is the only remedy for your case pls consult to your lawyer for better opinion or file an application for attachment before judgement....h
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Adv. Akhil Verma
Delhi | 400+ Answers
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There is no need to worry if the the said person is avoiding the summons , you just wait for the date of hearing of 138 case, and mention the same facts in Recovery case also if he attends the proceedings there, court either will issue fresh notice or it may ask for the publication also.
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Adv. Suneel Kumar
Delhi | 200+ Answers
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Dear Sir, it appears you are seeking additional advice on the issue of filing a criminal case invoking section 420 IPC.
My answer is simply NO. It would be better if you pursue your other two cases regularly and request lawyer to seek shorter dates in the Court Concerned. Thank you.
My answer is simply NO. It would be better if you pursue your other two cases regularly and request lawyer to seek shorter dates in the Court Concerned. Thank you.
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Adv. Kumud Shekhar
Delhi | 100+ Answers
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From the given facts, I understand that in recovery suit defendant has been served but he is not filing the reply. In summary suit defendant has to file leave to defend within 10 days. In case he fails, the Judge will issue summon for judgement. Your advocate will advise you in this regard. In 138 case, the accused will come and submit bail. In case, the accused is interested to settle the matter, take it to mediation and settle the whole case. Otherwise, contest 138 case for Rs.2.00 lakh and summary suit for recovery of Rs.4.03 lakh, you will get decree from trial court. Why don't you ask your lawyer.
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Adv. Dalip Singh
Delhi | 25+ Answers
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Hello,
The objective to file a Summary suit is to speed up the process for recovering of liquidated damages. It is safe to say that rather than an FIR under section 420 IPC, a representation shall be sent to the ACP to inform him about the same. Meanwhile, please consult a Summary Suit specialist (such as myself) to speed up the court proceedings.
Thank you.
The objective to file a Summary suit is to speed up the process for recovering of liquidated damages. It is safe to say that rather than an FIR under section 420 IPC, a representation shall be sent to the ACP to inform him about the same. Meanwhile, please consult a Summary Suit specialist (such as myself) to speed up the court proceedings.
Thank you.
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Adv. Abhishek Yadav
Delhi | 25+ Answers
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