Cheque bounce
Dilshad M. Merchant
(Querist) 24 July 2013
This query is : Resolved
Dear Sir/madam,
I am a defendant. One of my agent for my Investment firm, had misused my blank signed cheques (2) for his benefit, so he filed 2 false cases against me in the Mumbai Metropolitan Magistrate's Court at Kurla. Although he lost both cases and the judgements were given in my favour and I was acquitted in both the cases as the legal liability was not proved, he again filed 2 cases for the same lost matters in the City Civil Court. he has filed 2 seperate summary suits for the 2 cheques which he misused against me. but i would like to bring to your notice that both cheques are related to one matter only since he has filed same documents in both cases as he had filed in 138 matter in Kurla court. In 138 matter at Kurla, one case was filed and notice was sent after the deadline from the cheque bounce date. This is the same second case in which he has filed summary suit against me. is this second summary suit valid or will it be dismissed ?? I want to know what are the limitations to file the case at city civil court in 138 matters, wherein the case in 138 matter was passed in my favour due to "legal liability not proved" and "the date to file the cheque bounce case from the bounce date was not maintained". I also want to know, the 138 matter was filed in the year 2010, and the judgement was given in 2012, then the complainant could have appealed in higher court, then how come the case is filed at city civil court for the same matter, and what is the duration for the same if the case is filed on grounds of 138 when the cheques were issued in 2010. Please reply soon.
thanking you,
Yours sincerely,
Mrs. Merchant.
Dr. Jyothi Vishwanath
(Expert) 24 July 2013
138 case is a criminal case. So it is totally different matter from a civil suit.
If the civil suit is within limitation period, then it is valid.
Both 138 and civil suit can be filed by a person.
The judgement delivered in criminal case cannot prevent a civil court from exercising jurisdiction.
R.K Nanda
(Expert) 24 July 2013
consult local lawyer.
Raj Kumar Makkad
(Expert) 27 July 2013
A detailed trial takes place in 138 NI act cases and there is no question of summary trial.
Rajendra K Goyal
(Expert) 30 September 2016
Repeated query:
http://www.lawyersclubindia.com/experts/N-I-Act-u-s-138-617296.asp
http://www.lawyersclubindia.com/experts/Cancellation-of-warrant--618371.asp
Rajendra K Goyal
(Expert) 30 September 2016
Why to repeat, please post full facts / subsequent questions in same initial thread.
Raj Kumar Makkad
(Expert) 30 September 2016
We are constantly facing the similar problem of repetition which wastes valuable time of the experts and further minimize for the actual needy persons.
We have to spend our time out of our own so better to get it utilized for actual needy persons.
