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Parvesh Kumar   27 November 2022

138 nia case got dismissed how to recover check amount

My 138 NIA case got dismissed by Magistrate Court, I am complaint. Now how can I recover my money?


 14 Replies

vijay sathya   28 November 2022

file appeal under 482 CRPC

Advocate Bhartesh goyal (advocate)     28 November 2022

Against dismissal of complaint, you have to file leave to appeal u/sec 378 (4) of Cr.P.C before H.C. If you have limitation then can also file civil suit for recovery of cheque amount with interest.

Real Soul.... (LEGAL)     28 November 2022

The dismissal was on technical grounds ? 

Anyways you can file a civil suit for ecovery -or file a summry trail under 0rder-37 , but that will requiere the court fee.

Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer)     28 November 2022

Under which section of NIA was your case dismissed?

Jeez Martiàñz   28 November 2022

File a suit for money by adding cheque as evidence

P. Venu (Advocate)     28 November 2022

You can file an appeal or file a civil suit, if the cause of action is within period of limitation.

Parvesh Kumar   30 November 2022

Can I file 420 after 138 got dismissed?

Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer)     30 November 2022

Against whom will you file 420, against the magistrate?  Not possible.

Shashi Dhara   30 November 2022

Appeal or file civil suit for recovery if time is not barred .

Parvesh Kumar   30 November 2022

Judge was unable to find legal liability

Shashi Dhara   01 December 2022

Then challenge it in  appeal court .

Parvesh Kumar   04 December 2022

Attaching judge observation and my comments

Attached File : 893814 20221204104733 judgementcomments 221204 104709.pdf downloaded: 23 times

P. Venu (Advocate)     06 December 2022

Any suggestion requires that the Judgment be read as a whole. 

Parvesh Kumar   07 December 2022

Cause of action arises on 20 jul 2019. Can I still file recovery suit. Does covid extention applies on my case?

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