How to recover money?
VVS Ramaikrishna
(Querist) 26 October 2012
This query is : Resolved
1. 138 complaint case acquits accused u/s 141 though cognizance taken was u/s 138?
2. accused admits liability, issue of cheque, dishonor of cheque, non-payment despite receiving notice.
3. limitation u/o 37 - can the period under proceedings of s. 138 NI Act be condoned to initiate summary proceedings under Order 37 C.P.C.
4. notice issued under order 37 C.P.C. was on 17//2008 but case not filed as accused in 138 proceedings kept stating that they would like to settle and changed version once three years lapsed from 17/3/2008.
5. notice issued were in the names of the Directors of the company and no notice was issued separately or independently against the company.
6. case u/s 138 was not dismissed on any ground except that the accused are acquitted u/s 141 - it is an acquittal order but not a dismissal order.
V R SHROFF
(Expert) 26 October 2012
Is it Time barred Liability?? If so, you are helpless.
Period under proceedings of s. 138 NI Act CANNOT be condoned to initiate summary proceedings IN CcIVIL COURT. You should have filed Civil Suit for Recovery of money side by side.
Aquittal is Final.
VVS Ramaikrishna
(Querist) 29 October 2012
Thank you Shroffji
I do not know what is time barred liabiity.
1. My lawyer who filed the case (I paid 32,000/- fee and he never attended proceedings) kept telling me that the lawyer of accused is assuring that the payment is being made in the court and that I should not do any thing.
2. Accused kept stating that they wanted to settle the issue with a compromise but neither it was settled despite agreeing for a compromise amount nor any payment was made.
3. once the three years lapsed, they changed their stand and even made statements after three years which contradicts the first statement in the court.
ajay sethi
(Expert) 29 October 2012
no delay in filing summary suit cannot be condoned . civil proceedings are for recovery of money and are independent of criminal proceedings for punishment of accused under section 138 nI .
