LawRato

Procedure to file case of recovery of money after six years


11-Jul-2023 (In Recovery Law)
I gave 5 lakhs rupees to one party for some project. He in return provided me future date cheque. In future, when I deosited cheque, I come to know that account was closed. It was happened in 2013. Thereafter representative of his continuous force me not to file FIR. They said that your money will be returned. It has been 6 years now but nothing happen. What measure can I take now? Does law allow me to file FIR after lapse of 6 years? Kindly provide me full details. It shall be great help!
Answers (5)

Answer #1
903 votes
Yes, you can register an fir against the accused persons for account of fraud, beach of trust and criminal conspiracy against you to grab the money, even cheques got dishonored despite assurance on Honor upon present ment.
People also ask

How do I get my original documents back from the bank?

The borrower will be allowed to collect the original documents from either the branch of the RE that serviced the loan or another office, if the RE has them available. 13 Sept 2023

How do I recover documents after loan completion?

After you have paid the last payment you must write to your lender and ask for the loan closure certificate/NOC statement. You must retrieve the original documents that you gave to the lender. After you have closed your loan, ask the lender to update the credit bureaus with your new credit record. 15 Sept 2023

What if the bank is not giving original documents?

You can file a complaint in the Consumer Forum Chopra said that this is a service defect and that you can seek compensation based on the banks policy of compensating for lost original documents. 29 Jun 2023

What happens if documents are not returned by bank after repayment of loan?

The Reserve Bank of India has instructed lenders to return property documentation to borrowers in a month of repayment. Failure to do so could result in compensation of Rs. 5,000 per day. 14 Sept 2023

  
Answer #2
751 votes
Dear Sir/Ma'am,

As per law you were supposed to file a complaint under Section NI Act and/or file a civil suit for recovery of money. However, the time prescribed has elapsed to file the same. Be that as it may since, the other party had made continuous representations to pay the monies that were due, you could file the said cases to apprise the court of the same. However, in the meanwhile I would advise to immediately send a legal notice asking the opposite side to pay the monies that are due.

Answer #3
536 votes
It depends on what date mentionef on the cheque if the date shows it has been issued in last three years you can file recovery suit else you will have to file it with condonation of delay application if it will be allowed your case will be admitted otherwise it will be dismissed due to lapse of limitation period. For better advice you can come to my office with relevant documents.
Answer #4
776 votes
You can get your money back provided you should call me on 18 of Kuly as I am not in town Don’t register an FIR before meeting me as it would cause you great trouble. We can file a recovery suit in the court of Metropolital Magistrate. I will instruct you completely on the 18 July.
Answer #5
664 votes
Hello

The limitation period for filing a recovery suit is 3 years. However details of transaction has to be disclosed in order to file a suit within limitation.

An Fir can be filed anytime but the question is on what grounds? You could have opted a complaint for cheque bounce but unfortunately that time has also lapsed.

Regards

Abhishek Yada
Advocate

Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.

Report abuse?

Comments by Users

No Comments! Be the first one to comment.

"lawrato.com has handpicked some of the best Legal Experts in the country to help you get practical Legal Advice & help."