• Misused promissory note

I have given signed promissory note , not filling anything to Bharath for some other purpose. But, Bharath gave that promissory note to sukumar , sukumar file a civil suit against me. After three years we settled out of court . now case is disposed. 

i have phone call record evidence from other third person who talked with Bharath and sukumar and recorded audio has evidence of misusing of my promissory note. By using this audio evidence shall i take any activities against them ?
Asked 1 year ago in Criminal Law
Religion: Hindu

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13 Answers

No, as you have already amicably settled the issue relating to promissory note and accordingly case is also stand disposed so any other step would be barred by principle of resjudicata.  

Siddharth Srivastava
Advocate, Delhi
1453 Answers

You have already reached an out of court settlement and case is disposed of 

 

you should now remember never to issue any blank promissory notes ,cheque 

 

when you sign blank instrument you are authorising person to fill in details 

Ajay Sethi
Advocate, Mumbai
97496 Answers
7881 Consultations

Dear Client,

Review the Settlement Agreement: Examine the terms of the out-of-court settlement agreement you reached with Sukumar after the civil suit was filed. Ensure that the settlement adequately addresses the issues related to the misuse of the promissory note.

 

a. Filing a Lawsuit: If the misuse of the promissory note resulted in damages to you, your may file a lawsuit against the responsible parties, such as Bharath, seeking compensation for any losses.

 

b. Enforcing the Settlement Agreement: If the misuse of the promissory note violates the terms of your settlement agreement with Sukumar, you can seek enforcement of the settlement terms through legal means.

 

c. Reporting Misconduct: If you believe any of the involved parties engaged in unethical or illegal conduct, you may also consider reporting the matter to the appropriate authorities or regulatory bodies.

Anik Miu
Advocate, Bangalore
10382 Answers
121 Consultations

- Since, you have already settled the case , then after compromised in the case you cannot take legal action against him through this case.

- However, you can file a complaint before the police and higher official for the offence of cheating and breach of trust against both of them

- Further, if police not filed FIR against them, then you can file a criminal complaint before the court . 

Mohammed Shahzad
Advocate, Delhi
14773 Answers
224 Consultations

As the money recovery suit was disposed by a comprise decree, literally you have no case to pursue after that. 

Any case you would like to file or reopen the disposed case is legally not maintainable.

If yo were aggrieved by this case, you should not have agreed for compromise settlement, instead you could have fought against it, now you cannot do anything about it.

T Kalaiselvan
Advocate, Vellore
87695 Answers
2355 Consultations

As case is settled you don’t need to do anything now

Prashant Nayak
Advocate, Mumbai
32859 Answers
209 Consultations

It does not make sense in filing fresh case after reaching an out of court settlement 

Ajay Sethi
Advocate, Mumbai
97496 Answers
7881 Consultations

COU means? Details required. 

Siddharth Srivastava
Advocate, Delhi
1453 Answers

If the promissory note is held by court, you can ask the opposite party to obtain the copy by filing an application for return original documents and then get it cancelled as per law or if it is lying in the court itself, then it is date for you so that he will not initiate anymore action on it.

T Kalaiselvan
Advocate, Vellore
87695 Answers
2355 Consultations

file application for recall of order as the same is obtained by fraud. . 

Yogendra Singh Rajawat
Advocate, Jaipur
23010 Answers
31 Consultations

- You can get the original promissory note from the court legally 

- Apply for getting certified copy of the said note first , then file an application before the same court along with this copy , and request for release the original promissory note.

Mohammed Shahzad
Advocate, Delhi
14773 Answers
224 Consultations

Dear Client,

Thank you for the update. 

Anik Miu
Advocate, Bangalore
10382 Answers
121 Consultations

After the appeal period you can demand the same and it will not have any relevance now

Prashant Nayak
Advocate, Mumbai
32859 Answers
209 Consultations

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