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jitendra yadav (ADVOCATE)     16 November 2011

138 of n.i.act

"effect not clear, present again" ca be a groung under section 138 of N.I. Act? kindly suggest me ....


 4 Replies

Kumar (CEO)     16 November 2011

I have filed a Cheque bouce case (Rs. 3.60 Lac) to someone. But he is not coming in court on the date. He has no property in his name then how should I recover my money from. He is refusing to make my payment.

Is, there any option to recover the payment from his family (Relationship).


Nadeem Qureshi (Advocate/     17 November 2011

Dear Kumar

you can file a suit for recovery u/o 37 CPC and get a decree against him after that you can recover you money.

Kumar (CEO)     17 November 2011

Dear Nadeem Ji,

Is it possible that we will use Section 83 (Property Attachment) to recover the money from the party.

If possible than how should be it works.




laxmanram (proprietor )     17 November 2011

When you say"He has no property in his name"then any civil suit is not only futile exercise but also ruinig a few buks more in the name of court fees.

And to think of in terms "Is, there any option to recover the payment from his family (Relationship)."is like to see day dreams.

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