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Suresh jain (Proprietor)     01 June 2015

Cheque return case status

Dear sir,

Loksabha Passes the N I act recently in 1st week of May 2015 (Place where case can be filled). Is it in existence or the bill needed Rajya sabha Or President or Gazzette approval. Please reply. Suresh


 10 Replies

rajuchowdappa   01 June 2015

Payee where he present the Cheque in the Bank Branch jurisdiction. for instance :if you present in the Delhi Bank Branch, then Delhi metropolitan magistrate jurisdiction will have power to entertain the Complaint.


Rightly replied by Chowdappa


Not now till the new amendment is notified.


So you have to file the case as per existing provisions and get it tranferred after  new law comes in force.

Suresh jain (Proprietor)     02 June 2015

Thanks all. Required answer given by Trilok Sir. Kindly inform on club Forum as and when notify the ammendments. Thanks again. Suresh

recowerymoney (     03 June 2015

Far new provisions to come in force may take around three months if things go smooth in Rajyasabha. It will become law no doubt even after lapse of time.since the present  Govt is serious about it.


So for complainants it is better solution for the present  to file summery suits.. Here you will get  interest and all costs and the decree will remain in force for longer time.


For big ticket cheque cases we assist on all India basis for filing till decision and even enforcement of decrees .

Suresh jain (Proprietor)     03 June 2015

thank you sir. I will go for summery suit. Thanks again

recowerymoney (     25 June 2015

New amendment has come in force from 15th June 2015 since President has signed ORDINANCE which comes in force immeditely.

recowerymoney (     25 June 2015

The cheque ordinance provides for opportunity to file cases against the problem debtors even in remote areas.


However it will be worth only if the debtor is solvant and avoiding payment.


We can assist you to solve such problems.

hemant pandey (5)     21 August 2015

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.

R Trivedi (     22 August 2015

Hemant pandey,


Court is aware of the fact that complainant is interested in his money, so rest assured you get the money if the order is in your favor.


If you are asking the question that suppose you have won the S.138 case and gotten the compensation, then can you file the civil case to recover ? No you cannot, the compensation amount is generally reflective of what you could have gotten if you had used the civil recovery procedure, that is the mandate of S.357 CrPC under which higher compensation is granted.

You can always move both the process..


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