I am young practicing advocate in Delhi District Courts.
I have filed a case for my client u/s 138 of Negotiable Instrument Act, in May '2014. The Cheque amount was Rs. 50,000/- against certain bills. The accused is appearing in this matter and taken bail.
In August '2014, my client issued a legal notice to the same accused (against whom case u/s 138 case filed in May' 2014), for further bouncing of cheques. The cheque amount is Rs. 22,500/-. In reply to this legal notice, the accused has admitted the supply & cheques which are subject matter of case pending u/s 138 NI Act filed in May;2014.
My query is:
- kindly suggest me the procedure to file Recovery Suit under order 37 CPC and it will be kind enough if someone sends me the Sample Format of Recovery Suit under Order 37 CPC,
- Do I need to send any mandatory legal notice to initiate proceedings under Order 37 CPC?
- I have annexed all the Original Bills, Original Cheques and Original Documents in the complaint case u/s 138 NI pending before Ld. Magistrate filed in May' 2014. Under these circumstances what documents to annex in Civil Court because originals are not with me.
- Can a Civil Court decree a suit on the basis of Photocopies of Bills and Cheques; if not; what procedure do I need to adopt.
Thanks for an early reply.