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Nitin (Professional)     20 February 2009

Recovery Suit

Even after filing case u/s 138 cr PC for recovery of the amount does the litigant have other remedy under the civil law?



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 8 Replies

AEJAZ AHMED (Legal Consultant/Lawyer)     20 February 2009

DEAR NITIN,


There can be no  legal bar to the simultaneous continuance of a criminal proceeding and a civil proceeding.  The legal position is such that civil and criminal proceedings regarding dishonour of same cheque can continue side by side. It is open to the aggrieved party to resort to either of the one or both.



PALNITKAR V.V. (Lawyer)     20 February 2009

Mr. Aejaz is absolutely right.

Nitin (Professional)     21 February 2009

Thank You so much for your reply.


 


nitin

Nitin (Professional)     21 February 2009

Thank you so much for seconding the opinion.

N.Ramakrishnan (Advocate/ Senior Partner)     22 February 2009

My Dear Friend,


The criminal proceedings are U/s. 138 of the Negotiable Instruments Act and not under Cr.PC. Simultaneous proceedings under the Civil and Criminal provisions are permissible


Thanks, Ramakrishnan, ADV

Nitin (Professional)     22 February 2009

Thank You so much. I stand corrected. After all, I am not an advocate, you see!

Nitin (Professional)     22 February 2009

Can anyone recommend a good advocate to file money recovery suit in Bangalore ?

Ashey   01 April 2009

Try Mr. P.B.Appiah . 9 , Hayes Road, Richmond Town, Bangalore


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