Sec 138 Case and Suit

Querist : Anonymous (Querist) 27 July 2011 This query is : Resolved
Please clarify on the following point with citations if any !

A party filed case under Sec 138 NI Act and also on the same cause filed Civil Suit for recovery of the amount . Whether one case( either Sec 138 or the Suit ) Shall be kept pending till other case is disposed !
Please guide in this regard !please mention citations if any available !

with thanks !

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ajay sethi (Expert) 27 July 2011
cause of action is different . party is entitled to file criminal complaint for dishonour of cheque and also civil case for recovery of money . both can proceed simultaneously

THANKACHAN V P (Expert) 27 July 2011
I have been prosecuting and defending cases under 138 NI Act since 1989.Only less than 5% cases were acquitted on technical grounds or other reasons.To my limited knowledge it is easy to prosecute a 138 case than filing money suit and we used to advise the clients to receive cheques than promissory notes.
In 138 cases, if the statutory requirements are complied with,burden shifts to Accused .Even then, I fail to understand how "it will be easy for accused to win any NI 138 case "

DEFENSE ADVOCATE.-firmaction@g (Expert) 27 July 2011
Next time when you appear for complainant of any cheque bounce case and I repeat any please come publicly and we will show how it can be dismissed.

The basic problem why complainant wins because the initial time is wasted by accused for taking dates and when the matter comes for hearing court does not allow defense to raise technical questions and his advocate discourages him to go in revision.

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