Compensation in cheque bounce case i

rajan chopra (Querist) 04 January 2025 This query is : Resolved
Sar I had filed a complaint under section 138 Ni act and suit for recovery against a person on same transaction and in complaint he was convicted and order to pay rupee 3 lakh cheque amount and rupee 40000 as compensation and suit was decreed at 6% per annum till realisation of entire amount
Now is all compensation would be adjusted in execution of degree or only cheque amount ?

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Quick Summary

In a cheque bounce case (Section 138 NI Act) where a conviction ordered compensation and a civil suit was also filed for the same transaction, a key question arises regarding the adjustment of compensation. Generally, the compensation awarded under the NI Act and the amount decreed in the civil suit are treated separately. You may need to file an execution petition for the civil suit's decree amount and a separate petition for the compensation amount under the NI Act. It's crucial to consult your advocate to ensure proper procedure is followed and that the courts were informed of both proceedings.

T. Kalaiselvan, Advocate (Expert) 04 January 2025
You can file an execution petition on the basis of the judgment passed by court in this regard

Advocate Bhartesh goyal (Expert) 05 January 2025
Execution petition can be filed for recovery of decreetal amount and interest passed by court in civil suit for recovery of amount and for recovery of compensation amount you have to file separate petition before the court who decided the complaint under provision of N.I Act cases.

P. Venu (Expert) 05 January 2025
Had you disclosed to the Courts the proceedings in the other court?

What is the opinion of your advocate?

Dr. J C Vashista (Expert) 07 January 2025
Your lawyer is the best person to oblige you.

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