cheque return

jmp (Querist) 09 September 2010 This query is : Resolved
Whether court can ignor to award interest on original amount when makes order to pay amount of cheque in a proven case? is it not compulsory to award interest till the date of payment in negotiable instruement Act?

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s.subramanian (Expert) 09 September 2010
You are entitled to interest,if it is a civil case. The court should not deny it to you.

M/s. Y-not legal services (Expert) 09 September 2010
i am agree with mr.subramanian.. as per n.i act you can punish the accused.. if you want to get your money with interest mean you have to file a money suit.

G. ARAVINTHAN (Expert) 09 September 2010
can interest also be claimed

N.K.Assumi (Expert) 09 September 2010
In such a case whether damages or interest is proper?

jmp (Querist) 09 September 2010
In a site Naya Bharat following is shown in a blog Posted by yodha at under heading

"Cheque bounce cases – penalty increased for compounding"

"The judgment, authored by Chief Justice K G Balakrishnan, indicated that defaulters going for early settlement before the trial court would have to pay just the principal amount with applicable interest."

Link location is http://nyayabharat.blogspot.com/2010/05/cheque-bounce-cases-penalty-increased.html

I did not find such any where else. Hence I want to know the legality

Arvind Singh Chauhan (Expert) 09 September 2010
Court can order to compensate the victim under 357 Cr.P.C.

Uma parameswaran (Expert) 09 September 2010
There is no provision for interest in criminal cases.

Parthasarathi Loganathan (Expert) 09 September 2010
Yes claim of Interest is applicable only for Civil Case as opined by our expert Shri Subramanian

Surrender K Singal (Expert) 11 September 2010
Interest under CPC not under N I Act !

M/s. Y-not legal services (Expert) 15 September 2010
yes surely you cannot collect interest under N.I act..

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