Profile_May282019 (Others) 22 November 2021

Summary suit along with criminal complaints

I have criminal case ( Sec 138,142) filed for a cheque bounce case in a jurisdication where the cheque got bounced. I want to file a summary suit (Order 37 of the Civil Procedure ) in the court where the defendent lives. How can i file this as the original documents are filed in the court where the criminal case is pending?

Can I file it using the e-court option so it can be refered as single document by both the courts? Will it affect my criminal court proceedings anyway?

Thank you

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Quick Summary

This discussion explores the process of filing a summary suit (Order 37 of the Civil Procedure) in the defendant's jurisdiction while a criminal case (Sec 138, 142) for the same cheque bounce is pending elsewhere. It addresses concerns about using original documents, the possibility of e-filing for cross-referencing, and potential effects on the criminal proceedings. The advice suggests obtaining certified copies of relevant documents from the criminal case file to submit in the civil summary suit.

4 Replies

Advocate Bhartesh goyal (advocate) 23 November 2021

Obtain certified copies of documents ( cheque,return memo,notice,posted receipt &other relevant documents ) from cheque bouncing case file and submit all above documents in civil summary suit.

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Profile_May282019 (Others) 23 November 2021

Dear Mr. Bhartesh Goyal - Thank you very much for replying to my question. Really appreciate.