Complaint u/s 138 of ni act &execution award decree

Querist : Anonymous (Querist) 12 September 2011 This query is : Resolved
Can a complaint under sec138 of ni act and arbitration award decree proceed concurrently in different courts.There is a problem,If complaint u/s 138 is for say X amount & execution award decree for y amount which includes amount X also would amount to two paralell cases in two different courts one civil and criminal in two different courts for the same amount X. IS it possible under any law. Please give your considred opinion.

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adv. rajeev ( rajoo ) (Expert) 13 September 2011
NI act is criminal proceedings. In NI Act you cannot recover the amount, it is only a punishment. But in execution of arbitration award you can recover the decreetal amount. There is no wrong in initiating the crimianl as well civil proceedings.

Advocate Bhartesh goyal (Expert) 13 September 2011
Proceedings u/s 138 of N.I.Act and execution of Arbitation Award can be simultaneously initiated.Former is penal provision in which punishment is given for the offence of cheque bouncing and later one is for recovery of money and a civil nature case.There is no bar to conduct the both proceedings simultaneously.

Advocate Rajkumarlaxman (Expert) 13 September 2011
I AGREE WITH OUR EXPERTS. BOTH THE PROCEEDINGS CAN BE INITIATED SIMULTAENOUSLY

M/s. Y-not legal services (Expert) 13 September 2011
Dear author, its repeated query. This same query already answered by our members now with some corrections again you posting this query.

ashok kumar singh (Expert) 13 September 2011
agree with experts opinion, thanks.

Guest (Expert) 13 September 2011
Criminal case under s.138 of NI Act and arbitration case for the payment y amount (may or may not that include x amount in that) are two cases of different nature.

Naturally, the arbitration case cannot be for part amount agreed upon for a work. The award for arbitration will be based on the total amount of the agreed payment and the amount being withheld or penalty imposed for deficiency in execution of work.

On the other hand the case of dishonour of cheque would arise due to issue of cheque for payment intended to be made but not honoured due to insufficient balance in the drawer's account, which is a criminal offence.