Cheque limitation .

Cheque Victim's Lawyer. LUDHIANA (PB)

Hi Friends , 

I m in litigation with accused from last 5 years in cheque bounce case ( From 2007 and still continue ) , at this stage i want to make civil recovery suit agaist him side by side to criminal case . I think continous litigation is sufficient to alive its limitation , if so can you suggest me some decided case in this regard.

 
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Prakash Legal Clinic Haridwar

Dear Friend

Civil and criminal cases both are differant cases. One for punish the accused and another is recovery for your cheque amount. Complainant can file bothe cases in same time. But recover said cheque amount fron one case only.

 
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Cheque Victim's Lawyer. LUDHIANA (PB)

Hi , 

 My problem and question is that limitation to file civil suit is alive or time barred.

 
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solve problems in criminal cases. lawproblems@gmail.com

It is time barred now.

 
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advocate.dma@gmail.com

To Mr Singla

civil case is time barred now.

 

To Mr Prajapati

But recover said cheque amount fron one case only.

I am afraid this is not right. For example if the cheque amount is Rs. 1.0 Lac, the complainant can get full recovery with interest etc in civil case, criminal case which is punitive (not recovery) can have 2 years imprisonment + 2 Lacs compensation irrespective of civil order. It does not happen, but legally it is possible.

 

 

 

 
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Prakash Legal Clinic Haridwar

But If complainant won civil case first and recover all amout of said checque with interest which fixed civil court. Than in this case if criminal court passed order for imprisonment with direction to accused to return said chwque amount. In this way complainant can't get said cheque amount with any compensation.

This is my mean to previous suggestion.

 
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advocate.dma@gmail.com

Legally the decision of civil court has no bearing on criminal case. Moreover Criminal Court cannot order any return of amount based on civil case decision.

 

It is possible that the civil court orders for recovery, while criminal court orders compensation with jail term.

 

General view is that once the recovery is completed with civil case, then criminal court tends to be lenient and also it becomes a fit case for compounding.

 
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Prakash Legal Clinic Haridwar

Yes, In the payment to complainant of compensation for any loss caused by offence, this compensation can be recover in civil court. its correct

But If civil court passed first order in favour of complainant and he recover said amount with interest than in this situation after civil court order if criminal court passed order in favour of complainant than can again complainant  recover said amount as compensation again.

This will be double gain of said cheque amount from one case in two court, Court will not allow.

describe with defination & citation if any.

 
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ADVOCATE & Management Consultant

Yes, Mr Prajapati is Correct

 
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