Foreign verdict enforcement and recovery of amount for cheques not acc

632 votes

Dear client based on your question, Since the court in Qatar has already given a verdict in your favour and the individual is now in India ,you can enforce a judgement in India through filing an execution petition under Civil procedure code , 1908. For more detailed information regarding the legal procedures for this case feel free to contact us.

Advocate Anish Palkar LawRato

969 votes

You may try bouncing these cheques at India and if it gets bounced then you may prosecute him here at Indian court. You may also file a civil suit for recovery of amount. You have another remedy of filing a private criminal case of cheating against him

Advocate Mohd Atik Iqbal LawRato

795 votes

First of all if you should deposit cheques for appropriate honouring. If Bank refuse to accept cheques then you can file money suit for recovery and if Bank issues memo disclosing reason of dishonour you can initiate criminal complaint under Negotiable Instrument Act.

Advocate Manoj Mulchandani LawRato

813 votes

Well, if the two Cheques got bounced in Qatar, then, you can file Cheque Bouncing Cases over there for such two Cheques in Qatar, not in India. You can file Cheque Bouncing Cases here in India, for mere such Cheques, which have got bounced in India.

Advocate Pankaj Bajaj LawRato

948 votes

Since you have already obtained a court verdict in your favor in Qatar and the person is now in India, you can enforce the judgment in India through civil proceedings. Qatar is not a reciprocating country under Indian law, so the judgment cannot be directly executed in India under Section 44A of the Civil Procedure Code. However, you can file a fresh suit in an Indian court based on the Qatar judgment. The court will consider the foreign judgment as strong evidence of liability, provided it meets the conditions under Section 13 of the CPC, such as being passed by a competent court on merits without violating public policy or principles of natural justice. For the remaining three cheques that were not accepted due to syntax errors, you need to first attempt to deposit them through your Indian bank. If the bank does not issue a cheque return memo due to format issues, you can ask for a written explanation from the bank regarding the rejection. If the cheques are still valid and the bank refuses to process them, you may send a legal notice to the drawer demanding payment. If payment is not made within 15 days of the notice, you can file a cheque bounce case under Section 138 of the Negotiable Instruments Act. If the bank does not issue a formal bounce memo, you may still proceed with a civil suit for recovery of the amount based on other evidence, such as the cheques themselves and any previous communications regarding the payment. Since the person is now in India, you have the option to file a recovery suit or an execution petition in an Indian court. You may also explore criminal action under Section 420 of the Indian Penal Code for cheating if there is evidence of fraudulent intent. Let me know if any assistance is required.

Advocate Ajinkya Sanjay Gosavi LawRato