Cheque bouncing
Kripesh Gope
(Querist) 13 July 2012
This query is : Resolved
If a complaint is being filed u/s 138, can the complainant get the money from the accused? or is it necessary to file a Civil Suit for recovery. Courts are plagued with such cases and it takes years for disposal. So what is the best course of action the aggrieved party should peruse?
Anirudh
(Expert) 13 July 2012
If a complaint is being filed u/s 138 and if the accused comes forward and gives the money involved in the cheque, the complainant can very well receive the cash and thereafter (not before) withdraw the complaint.
If the accused does not come forward and give the money towards the cheque, then the complainant can also simultaneously prefer a summary suit under Order 37 CPC.
If the courts are plagued with lot of cases and you do not want to wait for the disposal of the cases through the court, you have ONLY ONE OPTION of not approaching the court. IF you exercise that option, then YOU CAN VERY WELL FORGET YOUR MONEY - YOU CAN NEVER RECOVER. In fact the other person will be the VERY VERY HAPPY LOT.
Anirudh
(Expert) 13 July 2012
If a complaint is being filed u/s 138 and if the accused comes forward and gives the money involved in the cheque, the complainant can very well receive the cash and thereafter (not before) withdraw the complaint.
If the accused does not come forward and give the money towards the cheque, then the complainant can also simultaneously prefer a summary suit under Order 37 CPC.
If the courts are plagued with lot of cases and you do not want to wait for the disposal of the cases through the court, you have ONLY ONE OPTION of not approaching the court. IF you exercise that option, then YOU CAN VERY WELL FORGET YOUR MONEY - YOU CAN NEVER RECOVER. In fact the other person will be the VERY VERY HAPPY LOT.
Kripesh Gope
(Querist) 13 July 2012
The last paragraph is very disappointing. Anybody can draw this conclusion as stated by you in the last paragraph.
My point was that once the complaint is being filed, the court issues summon to the accused, the accused appears through a Lawyer,then the series of dates starts, if the case prolongs for 5 years and the money does not come, even the Summary Suit can not be filed under Order 37 CPC because the case will be barred by limitation.
The proceeding u/s 138 being Criminal, can the trial court pass an order to the accused to pay the amount with interest or will just order the punishment as provided u/s 138 ?
Kripesh Gope
(Querist) 13 July 2012
I would like to know in Cheque Bouncing case how Lawyer's fee is being determined?
ajay sethi
(Expert) 13 July 2012
for recovery of your money you have to file suiummary suit . simultaneously you cn afile cheque bouncing cases for punishment . you are right that cheque bouncing cases some times take 5 years to be disposed of . by that time your summary suit would be barred by limittation ,
the court some times orders accused to pay compensation being the amount involved in the cheque . however since it is not a recovery court it wont award cheque bouncing amount with interest
ajay sethi
(Expert) 13 July 2012
lawyers fees depend upon his years of experience at bar , cheque amount , years for disposal of the case
Kripesh Gope
(Querist) 13 July 2012
I am satisfied with the reply of Mr. Ajay Sethi.
Thanks!
