Ni act along with recovery case must ?

Querist : Anonymous (Querist) 02 December 2025 This query is : Resolved
Sir,
summary :- Gave money to a person (9 lakhs) who defaulted. I did not gave money through bank account transfer. its a cash transaction of 9 lakhs. at the time of giving money collected a cheque with no date for 9 lakhs and a promissory note. presented cheque in bank. cheque got bounced. NI act case filed in recent past only.

Doubt:- Now is it mandatory to file Promissory note case too ? It seems it costs more money to file Promissory note case as some stamp duty has to be paid.

Please suggest

1) if its mandatory to file Promissory note case (as we dont have any other proof of me giving money to him) ?
2) or is there any way we can manage with NI act case itself.

Kindly educate.

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T. Kalaiselvan, Advocate (Expert) 02 December 2025
It is not mandatory to file a money recovery suit simultaneously.
It is upto you whether to pursue further through civil money recovery suit too.

Advocate Bhartesh goyal (Expert) 02 December 2025
Cheque bouncing cases are criminal in nature and governed by Cr.P.C or BNSS and object is to punish offender ( with imprisonment and fine ) while money recovery suits are of civile nature for recovery of money with interest and expenses.You can file both type of cases together or file anyone .It is not mandatory to file both type of cases simultaneously .

Querist : Anonymous (Querist) 02 December 2025
Kalaiselvan Sir and Bhartesh Goyal Sir

Thanks for responding. one doubt... if I dont file recovery of money case with promissory note How can I prove that I gave him money (9 lakhs) ? because I dont have any bank account statement . I gave as cash.

ofcourse cheque issued by him is signed by him only.. Please educate me with this .

T. Kalaiselvan, Advocate (Expert) 03 December 2025
Filing a money recovery civil suit is an option before you and it is not mandatory.
You can file this promissory note as documentary evidence in the cheque bounce private criminal complaint itself.
For all such practical doubts you may rely upon your advocate who handles this case.

Querist : Anonymous (Querist) 03 December 2025
Kalaiselvan Sir, Thanks for your quick response and educating me.I already approached local advocate and we started NI act. but I am shocked when I heard about expenses involved with recovery case filing.. thats why approached this forum.

SIR, WHEN MY ADVOCATE SENT NOTICES HE MENTIONED NI ACT & 420 CASE ALSO...
WILL IT BE OF ANY HELP IF I APPROACH POLICE STATION ?
WILL THEY FILE 420 CASE FOR THIS?

Querist : Anonymous (Querist) 06 December 2025
Kalaiselvan Sir,

Ignore my earlier message posted on December 3rd 2025..

as per you and some other expert its not mandatory to file recovery act case(promissory) and we can go ahead with NI act alone.

but sir in future if I want to file recovery act can I do it using that promissory note ?

kavksatyanarayana (Expert) 06 December 2025
Yes. You file a civil recovery suit in the appropriate Civil Court within 3 years from the date of default.

Advocate Bhartesh goyal (Expert) 06 December 2025
Yes, recovery suit on basis of promissory note can be filed within three years from the date of execution of promissory note.

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