hemant pandey (5) 22 August 2015

Cheque bounce questions

1- can we also apply recovery case after the judjement on cheque bounce case. for example i am victim. court impose jail term but no fine to accused. in that case can i file a recovery case after this judgement to recover my money.

2- on other hand, same case as above and only difference will be that court impose jail term and fine of double amount to accused. will court give the fine amount to me or it will go to government?

3- can i also file a recovery case after court judgement to recover my money if my case is point 2.

4- in cheque bounce matter, if recovery case and cheque bounce case is running together (at the same time but in different courts). later court gives judgement in cheque bonce case. will recovery case still continue and victim can get his money recovered?

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2 Replies

Anil Upadhyay (Lawyer) 22 August 2015

Your position about facts is not clear to me, but I think you want clarity about 138 matters. First of all it is the discretion of Court to pronounce the judgment on the basis of facts and laws. Court will order to pay the money to you, as you are aggrieved and the maximum amount of order will be the double amount of the cheque, which bounced. No other proceeding can be initiated for recovery, when you have approached the Court in 138 Matter.

Thanks

R Trivedi (advocate.dma@gmail.com) 22 August 2015

Hemant Pandey,

You can move civil proceedings under order XXXVII, its quite effective and fast, and it is independent of criminal proceedings under S.138 of NI Act. Contact a good lawyer in your court.

Adv Anil Upadhyay,

Hope this order XXXII (Summary Suit on Bill of exchange etc) adds upto your arsenal on the context.