CHEQUE NOT PRESENTED IN BANK EVEN AFTER PASSING THE DUE DATE
In the year 2003 I gave some money to my friend and in return he gave me his chq. but unfortunately he did not returned my money and so I presented his chq. The chq. got bounced and I filed the legal suit against him u/s 138. Ultimately in the yr. 2009 he signed a compromise agreement with me and the same was presented in the court on the basis of which I withdraw my case.
Under the compromise agreement that was submitted in the court he has agreed that he has taken money from me which he was unable to return and now in order to settle the things he is again issuing me POST DATED CHQ. for the year 2011 and in this way he took 2 yrs. extra time from me.
As the fellow was in bad position so I entered into the agreement and gave him the time for 2 yrs to meet his liability.
But unfortunately I lost those chq. and because of that I was unable to present his chq. in the yr. 2011.
I have found those chq. in the yr. 2013 and now I want to know whether after 2 yrs. of time those chq. are presentable or not. And if not what should I do?
I have two things in my hand (a) Compromise agreement signed & submitted in the court in which he has accepted his liability and (b) Chq. whose date has already been expired (from the last 2 yrs).
All I know is that I can file a RECOVERY SUIT against that fellow but that is a slow process. I do not want to file that.
I want to file a criminal case against him. Is there any section under which I can do so. And if yes then pls. let me know. Or any other remedy or precedent.
1 Reply
With the limited facts stated by you, criminal case seems difficult. Unless there are some additional facts, i.e. your borrower mislead you in some way, which show cheating under Section 420 of IPC.
One thing you would like to check is the language in the order passed at the time you withdrew the earlier case. You should check with your lawyer for that case. In the event that the compromise is not ordered, would he be able to press Section 138 for dishonour of the earlier cheque?
In any event if criminal proceedings don’t work out, you should file a recovery suit before limitation period runs out (3 years from default).