Procedure for filing recovery suit order 37 cpc against bounced cheque

Sumit Aggarwal (Querist) 22 September 2014 This query is : Resolved

Hello Everyone,

I am young practicing advocate in Delhi District Courts.

I have filed a case for my client u/s 138 of Negotiable Instrument Act, in May '2014. The Cheque amount was Rs. 50,000/- against certain bills. The accused is appearing in this matter and taken bail.

In August '2014, my client issued a legal notice to the same accused (against whom case u/s 138 case filed in May' 2014), for further bouncing of cheques. The cheque amount is Rs. 22,500/-. In reply to this legal notice, the accused has admitted the supply & cheques which are subject matter of case pending u/s 138 NI Act filed in May;2014.

My query is:

kindly suggest me the procedure to file Recovery Suit under order 37 CPC and it will be kind enough if someone sends me the Sample Format of Recovery Suit under Order 37 CPC,

Do I need to send any mandatory legal notice to initiate proceedings under Order 37 CPC?

I have annexed all the Original Bills, Original Cheques and Original Documents in the complaint case u/s 138 NI pending before Ld. Magistrate filed in May' 2014. Under these circumstances what documents to annex in Civil Court because originals are not with me.

Can a Civil Court decree a suit on the basis of Photocopies of Bills and Cheques; if not; what procedure do I need to adopt.

Thanks for an early reply.

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Nadeem Qureshi (Expert) 22 September 2014
Dear Querist/Ld Consel
First of all take certified copy of the Cheques.
send a demand notice as per Order 37 of CPC and if the accused/opposite party is not make the payment within the notice period then you may file the Civil suit for recovery of money before civil Court.
Read Order 37 of CPC care fully.

BAALASUBRAMANNYAMM (Expert) 22 September 2014
Mr. Nadeem has suitably replied.

Sumit Aggarwal (Querist) 22 September 2014
I did not find any notice mandate to file recovery suit under Order 37 CPC while going through the code.

I am confused whether Notice is mandatory to file Suit for recovery under Order 37 CPC or not

BAALASUBRAMANNYAMM (Expert) 22 September 2014
I have read over Order 37 CPC about notice. Even though the code is not disclosed, there should be a demand from your end, before filing of the suit. or otherwise, the defendant will take a plea stating that " the plaintiff never made a demand for the due amount, if he demands I would pay him the due amount and hence the plaintiff is not entitled to claim interest and court expenses"( it is only a plea)

ajay sethi (Expert) 22 September 2014
always advisable to issue legal notice before filing summary suit under order XXXVII Rule 2 of CPC .

you dont have to enclose originals at time of fling of suit .

for obtaining decree you can furnish certified copies of said documents and mention that originals have been filed in complaint filed under section 138 NI