Ni act

basavaraj shiromani (Querist) 25 September 2015 This query is : Resolved
Sugar Factory lodged a complaint against the accused for an offence U/s 138 of NI Act, they have also filed one more recovery petition before asst registrar of societies.

no doubt both cases may be filed simultaniously, but the pleadings in both cases are concern,

in a complaint they said that the accused violated the contract entered in to and subsequently issued the cheque.

in a recovery petition also they have taken the similar contention.

no doubt they may file both cases, but based on the similar allegations, when the factory is to choose one action either civil or criminal ?

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Guest (Expert) 25 September 2015
Dear Basavraj,

Your description is somewhat deficient in information to differentiate between the court case and the case with the Assistant Registrar. I can understand that case u/s 138 can be a criminal case for the dishonour of cheque, but with what reason or motive the case is filed with the Assistant Registrar of Societies? Naturally that cannot be of criminal nature, as AR cannot try a criminal case. However, the suit can of civil nature.

But, the wanting information is, whether or not the sugar factory is a cooperative society and also whether or not the accused is also a member of that society or not and for which type of contract that the AR of societies would have been competent to hear the case?

Still further, the claim of the factory relates to which services or goods that the accused ows to the factory?

R.K Nanda (Expert) 25 September 2015
state full facts clearly.

Anirudh (Expert) 25 September 2015
The factory can pursue not only the two cases simultaneously, but also any other legal remedy also if it is available to it. Therefore, it cannot be said that the factory has to choose only one action out of several actions/legal courses available to it.