Case under sec138

PRAVIN (Querist) 15 March 2015 This query is : Resolved
Hi Sir, I am pravin kharade, mumbai. I am accused & complainant file the case under sec 138 before 3 years i.e.2012 & that time only complaint & his evidance cross done. Today, i need to submit doc & evidance from my side i.e. accused side. But before submission of any paper in court. He is file the another Case in year 2015 under Civil Procedure Codes 07 R2. So Please help me. what can i do next?

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ROHIT SHARMA (Expert) 15 March 2015
1. You need to be prepared for both the cases. In the matter of civil suit you can urge the civil court to stay the case u/s 138 N.I. Act.

Rajendra K Goyal (Expert) 15 March 2015
Defend both the cases on merits. Consult your lawyer.

Guest (Expert) 15 March 2015
well advised.

Advocate Bhartesh goyal (Expert) 15 March 2015
You have to defend both the cases strongly.

Devajyoti Barman (Expert) 16 March 2015
both the cases can sum together and hence fight it on respective merit.

T. Kalaiselvan, Advocate (Expert) 18 March 2015
If he has filed a civil suit additionally, you have to defend that too, follow it up with your advocate.

M V Gupta (Expert) 25 March 2015
Section 138 proceedings are criminal proceedings in which u as accused may be convicted and punished with fine etc. these proceedings do not save limitation for recovery of the cheque amount by attaching ur properties or enforcing security if any given by u. Hence u will have to defend urself in both the courts. I do not think civil court can issue any stay order on the 138 proceedings.

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