I’m owed ₹10 lakhs by a person who has passed away. He had signed cheques from a joint account he shared with his son. The Magistrate dismissed my cheque bouncing cases, claiming the signatures on the cheques were not his. However, the account was a joint one, meaning both father and son could operate it. Can I file a civil suit under Order XXXVII of the CPC? Are there any other criminal remedies to recover the amount? The deceased had also given me a promissory note for the amount. His legal heirs own substantial properties in Delhi. What are my options to recover this debt from them?

Apni Law
Apni Law
Law Forum › Category: Cheque Bounce › I’m owed ₹10 lakhs by a person who has passed away. He had signed cheques from a joint account he shared with his son. The Magistrate dismissed my cheque bouncing cases, claiming the signatures on the cheques were not his. However, the account was a joint one, meaning both father and son could operate it. Can I file a civil suit under Order XXXVII of the CPC? Are there any other criminal remedies to recover the amount? The deceased had also given me a promissory note for the amount. His legal heirs own substantial properties in Delhi. What are my options to recover this debt from them?
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Apni Law Staff asked 2 years ago

I’m owed ₹10 lakhs by a person who has passed away. He had signed cheques from a joint account he shared with his son. The Magistrate dismissed my cheque bouncing cases, claiming the signatures on the cheques were not his. However, the account was a joint one, meaning both father and son could operate it. Can I file a civil suit under Order XXXVII of the CPC? Are there any other criminal remedies to recover the amount? The deceased had also given me a promissory note for the amount. His legal heirs own substantial properties in Delhi. What are my options to recover this debt from them?

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Best Answer

Apni Law Staff answered 2 years ago

Yes, you can file a civil suit under Order XXXVII of the CPC against the legal heirs to recover the debt based on the promissory note and the joint account operation. You may also consider filing a civil suit for recovery of money against the legal heirs based on the promissory note and the joint account operation. As the heirs possess substantial properties, you can pursue attachment of these properties to recover the debt.

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