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Jitendra zoman   03 October 2022

can civil case bar criminal proceedings

check is bounced so filed 138 NI act. but after this can one filed cheating case. plz provide case laws


 10 Replies

Dr J C Vashista (Advocate)     04 October 2022

The Trial Court will take cognizance of dishonoured case either under section 138 of the Negotiable Instruments Act, 1881 or under section 420 of Indian Penal Code, 1860; but not in both instances.

Real Soul.... (LEGAL)     04 October 2022

It is already a criminal case. You can file civil suit for recovery of money.


Advocate Bhartesh goyal (advocate)     04 October 2022

Payee can file file civil suit for recovery of money and cheating case alongwith cheque bouncing case,no restrictions.

1 Like

Jitendra zoman   04 October 2022

pl suggest case laws

P. Venu (Advocate)     04 October 2022

What are the facts? What is the context?

Dr J C Vashista (Advocate)     05 October 2022

Originally posted by : Jitendra zoman

"check is bounced so filed 138 NI act. but after this can one filed cheating case. plz provide case laws"

The facts posted do neither suggest what do you intend to communicate nor your query is clear.

However, what is the opinion and advise of your lawyer ???.


SUMAN CHAKRABORTY (7278624428) (Legal Practitioner)     08 October 2022

S.138 of N.I. Act proceeding is a criminal proceeding if you want to file any civil case then you may go for recovery of money also.

Dr J C Vashista (Advocate)     09 October 2022

The author is silent whereas the experts are obliging ??

R.K Nanda (Advocate)     09 October 2022

yes, you can file cheating case though 138 case is also a criminal case.

Advocate Rajamahendra Varma P (Advocate)     10 October 2022

Yes, both cases can be filed based on the facts.

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