Can I file case under Order 37 now ??
Querist :
Anonymous
(Querist) 03 January 2011
This query is : Resolved
I have been given a blank cheque and a pro-note and a receipt by one of my friend who took a loan from me.
By now , I am sure that he might have either closed that account or stopped payment of that cheque and I understand that in this situation it is wrong to file a case of NIA 138, it would not be maintainable.
http://www.lawyersclubindia.com/judiciary/138-Ni-Act-wont-attract-2400.asp
http://www.lawyersclubindia.com/forum/Re-Important-Judgment-on-NI-Act-7698.asp?1=1&offset=1
So is it right to file a case under order 37 with the help of a pro-note and a receipt only,would it be maintainable or not?
SAANJAAY GUPTAA
(Expert) 03 January 2011
if accused reside in the same place you can file the case even the bank account closed or your stop payment instruction given to the bank.Notice should be served upon the accused and your case will be stronger as you have supporting pronote duly signed by the accused itself.
Querist :
Anonymous
(Querist) 03 January 2011
Sanjay JI, case can be filed but which one ??
Order 37 or NIA 138--that is also the point,I wanna get a further clearance??
Help plz.
Guest
(Expert) 03 January 2011
IT IS MADE CLEAR THAT 138 IS ONLY A CRIMINAL CASE WHICH LEADING TO CONVICTION. iF THE CRIMINAL CASE IS DISMISSED ON TECHNICAL POINTS YOU CANNOT BE ABLE TO COLLECT THE AMOUNT FROM THE PERSON.
SO YOU HAVE FILE A SUIT FOR RECOVERY OF MONEY BASED ON CHEQUE BEFORE CIVIL COURT UNDER SUMMARY PROCEDURE.
oTHERWISE FILL UP THE PRONOTE AND FILE A SUIT FOR RECOVERY OF MONEY UNDER SUMMARY PROCEDURE
tHE CIVIL SUIT FOR SUBJECT TO THE LIMITATION ACT (THREE YEARS)
Querist :
Anonymous
(Querist) 03 January 2011
So should I understand that receipt and pro-notes are sufficient documents to file an Order 37 suit.
s.subramanian
(Expert) 04 January 2011
I think it would be safe to file a civil suit instead of a criminal complaint.
Querist :
Anonymous
(Querist) 04 January 2011
Sir, S.Subramanian, you have advised to file Civl suit instead of criminal one---can U further suggest why it is safer to do so ??
Querist :
Anonymous
(Querist) 04 January 2011
And do U concur my views---
By now , I am sure that he might have either closed that account or stopped payment of that cheque and I understand that in this situation it is wrong to file a case of NIA 138, it would not be maintainable.
http://www.lawyersclubindia.com/judiciary/138-Ni-Act-wont-attract-2400.asp
http://www.lawyersclubindia.com/forum/Re-Important-Judgment-on-NI-Act-7698.asp?1=1&offset=1
