Compensation us 138 , & recovry in civil procedure , r different cause ?
kamal krishan
(Querist) 27 November 2014
This query is : Resolved
Court order compensation 30,000 / against the dishonored cheque of Rs 20,000.from the accused to the holder / complainant .
Quyery :-
1 Can the creditor / ( complainant) file a separate civil suit , for recovery for the principle amount of Rs 20,000 ( mentioned in cheque )with in a limitation period 3 year.Or
a simultaneously with the proceedings of NIA us 138 .
To stand the civil recovery separately .
2 i think compensation , is an amount of punishment for the ofence to misuse the instrument ( which is in the equity of currency , cheating , and doing fraud )and harassment caused to the holder and to discharge the accused from criminal liabilities ; but not from the civil liabilities .
Pl oblige , with ur intense answers .
( generally it is in practice , compensation finishes all liabilities of the accused on tis matter ) but i think that ; it promotes wrong doers / criminals )which the judiciary should not tollrate this on going nuesance in the sociaty .
Queries t
Kamal
Devajyoti Barman
(Expert) 27 November 2014
Both money suit and case u/s 138 NI Act can be filed but not after 3 years of last admission of loan.
V R SHROFF
(Expert) 27 November 2014
Within 3 yrs, u can file civil suit for recovery, over and above 138 ni
ajay sethi
(Expert) 27 November 2014
it is better to file summary suit for recovery of money . results are faster
