Civil Procedure Code (CPC)

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rohan thakur   18 December 2020

Pendency of suit u/s 138 of NI ACT

I have filled a suit u/s 138 of NI ACT 20 yrs ago and the accused ws qbsconded since 20 years now he has came back and the ws present before the hon'ble court .. now i want a citation regarding the pendency of suit that will recover my amount with interest during pendency of suit from the accused ..


 4 Replies

G.L.N. Prasad (Retired employee.)     19 December 2020

Your duty is only to pray the Court and your prayers in your complaint hold good as the case is not yet disposed of.  It is the other party that has to defend against your claims and it is the defendant to state such citation.  The prayers hold good and such interest is a presumption.

P. Venu (Advocate)     19 December 2020

Action under NI 138 is not a civil suit, but a criminal case. Hence there is no question of granting interest. However, the Court has the discretion to  impose fine which may extend to twice the amount of the cheque.

Advocate Bhartesh goyal (advocate)     20 December 2020

Cheque bouncing cases are governed by Cr.P.C and not by C.P.C,penal provisions apply in cheque bouncing cases and as per provision upto two years imprisonment or fine upto double amount of cheque or both  awarded.However under sec 357 of Cr.P.C court can award compensation upto double amount of cheque.

 

Dr J C Vashista (Lawyer)     21 December 2020

There is no need for any cititation, facts posted by you are sufficient to proceed as per law.


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