Is There A Need To File A Recovery Suit Along With A 138 Case?
Is there a need to file a recovery suit along with a 138 case?
Free Legal Advice - cheque bounce
Posted by: sohit lohia
Posted on: 2018-09-12
Suit for recovery is also for recovery of money due and proceedings are civil in nature. The proceedings under Section 138 of NI act is purely criminal but one of the reliefs prayed for in the Petition can also be for compensation/fine. A summary recovery Suit can be filed under CPC before civil court if the cheque bounced was issued in lieu of a liability owed by Accused. This is a better and faster relief. The Section 138 proceeding does not bar one from seeking civil remedy.
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