FILING A CIVIL SUIT(MONEY SUIT) ON -A CHEQUE DISHONOURED

PJANARDHANA REDDY (Querist) 23 October 2009 This query is : Resolved
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YESTERDAY, AN ADVOCATE FILED A MONEY SUIT WITH ONLY CHEQUE (BOUNCED ONE YEAR BACK) WITHOUT ANY PROMISORY NOTE OR ANY SUPPORT DOCS. WHETHER SUIT IS MAINTENABLE OR NOT

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Adv Archana Deshmukh (Expert) 23 October 2009
When the cheque is bounced one year back then a person has no remedy but to recover the amount by filing a civil suit, if it was given to satisfy some legal liability. so it is maintainable. He must have shown some legal liability for issuing the cheque. There must be some oral/docu. evid to prove the same. But if the suit is filed just bcoz the cheque is bounced without any legal liability shown it will be dismissed.

Raj Kumar Makkad (Expert) 23 October 2009
So far as civil suit for recovery on the basis of bounced cheque is concerned, it is surely maintainable. It is now the duty/onus of the plaintiff to prove that the debt was legally enforceable by way of subject cheque. It now wholly depends on the evidence brought by both the parties. Suit is maintainable.

Anish goyal (Expert) 23 October 2009
if m nt wrong summary suit will be the best option?

Sachin Bhatia (Expert) 23 October 2009
Yes civil suit for recovery maintenable.

Sarvesh Kumar Sharma Advocate (Expert) 23 October 2009
recovery of money u/s-37 c.p.c.,is maintable.
138 n.i.act is diffrent and civil suit is diffrent.
n.i.act is a option not a obstecle.

Guest (Expert) 23 October 2009
NANDKUMAR B.SAWANT.M.COM.LL.B.(MUMBAI),ADVOCATE
MOBILE.NO.09325226691, 09271971251
e.mail.adv.nbsawant@yahoo.co.in
e.mail.nandkumarbs@sify.com

REGARDING THE CRIMINAL COMPLAINT AND CIVIL SUIT KINDLY NOTE THAT.
1.A CRIMINAL COMPLAINT UNDER SECTION 138 OF N.I.ACT IS FILED AT HONOURABLE CHIEF JUDICIAL MAGISTRATES COURT AS PER PROCEDURE OF THE SAID ACT.
2.A CIVIL SUIT BY PAYING PROPER COURT FEE STAMS AS PER THE AMOUNT OF THE CLAIM AND WITH ALL RELEVENT DOCUMENTS CAN BE FILED AND IS MAINTAINABLE IF AN ADVOCATE AND HIS CLIENT IS PRACTICAL AND STREET SMART TO PROVE HIS CLAIM IN THE COURT.
YOU MAY SEND DETAILS IN CASE ANY FURTHER HELP IS REQUIRED.
WITH BEST REGARDS TO YOU YOUR FAMILY AND FRIENDS .
THANKING YOU
YOURS SINCERELY
NANDKUMAR B.SAWANT.M.COM.LL.B.(MUMBAI),ADVOCATE.

PJANARDHANA REDDY (Querist) 23 October 2009
THANKS 4 ALL

mahesh kumar yadav (Expert) 23 October 2009
hi
janardhan reddy sir,
the above queiry is barred under NI act, so he can file a civil suit for the recovery of the same amount which other person is legally owe to concerned person

mahendra rai jain (Expert) 23 October 2009
Dear Mr. Reddy

After six month from the date menationed on cheque he cannot avail remedy u/s 138 N I Act. than only civil suit either under O.37 R 2 or under O.7 R 1 is the option to recover the ammount. Cheque is treated as written contract so said suit is maintable.

r sugumaran (Expert) 23 October 2009
Yes he can file a civil suit for recovery of money within 3 years from the date of return of cheque

Arvind Singh Chauhan (Expert) 24 October 2009
Sir,
civil suit is maintainable.

VIKAS RAJ CHHAJER (Expert) 24 October 2009
ALL THE COMMENTS ARE ACCEPTABLE

RAKHI BUDHIRAJA ADVOCATE (Expert) 24 October 2009
Suit for recovery under order 37 CPC is maintanable.

RASIK DAGLI (Expert) 25 October 2009
A suit to recover the amount of a dishonoured Cheque can be filed under O.37 of Civil Pro. Code within three years and it will be maitainable. whether the suit will be decreed or not will depend on the evidence led by both the sides.
Rasik Dagli
Advocate.

FILING A CIVIL SUIT(MONEY SUIT) ON -A CHEQUE DISHONOURED

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