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Ramesh   24 December 2018

Civil suit allowed after cheque bounce case is closed?

Person borrowed 1,20,000/- from me to develop his business and gave me pronote.  Later he gave me cheque for principal alone which was bounced and I filed S138 private complaint.

Accused called me and said he is ready to settle the principal alone. He is adamant and not willing to pay either the unpaid 11 months interest OR the court case expenses.  He is a government teacher earning 50,000rs per month.

1) can I request the judge to order the accused to pay  court case expenses(legal notice fees, S138 private complaint lawyer fees, court fees and case conducting fees) in addition to cheque amount?

2) after accused pays the cheque amount and the S138 private complaint is closed, can I file civil suit with the pronote to claim the 11 months interest?

Please give your suggestions



Learning

 5 Replies

Siddharth Srivastava (Advocate)     24 December 2018

In the light of latest amendment you are entitled to interest at bank rate and cost of litigation also.
1 Like

Ramesh   24 December 2018

Mr. Siddharth Srivastav

Thanks for your reply.  Please give some link to this latest amendment.

8 months interest is pending at the time of filing the case.  

My lawyer says any interest pending before filing the S138 case cannot be claimed.  Judge will not award the S138 case expenses.  I checked with another lawyer too.  But my lawyer agreed to request the judge to award the expenses

SHIRISH PAWAR, 7738990900 (Advocate)     24 December 2018

You cannot claim interest before filing of the case. Even in judgement court will only grant interest from the date of filing of complaint.

1 Like

Shashi Dhara   24 December 2018

If u takes principal u cannot claim for interest separately be happy he has given some amount of u proceed it take yrs to finish &what u have received will sink as expenses.

Advocate Bhartesh goyal (advocate)     26 December 2018

interest can be claimed by filing civil suit for recovery.nature of civil suit for recovery of money and cheque bouncing case are altogether different.In former case decree of money [principal,interest and amount of expenses } is passed while in later case punishment for offence of cheque bounce  is given.


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