1. Yes you can file money sut in your home station also provided any event involving cause of action of the suit arises therein.
2. In the cheque bouncing case make sure you file the case where the bank of drawer of the cheque situates.
Cheque dishonour under Section 138
I have filed a case U/S 138 of Cheque Dishonour against a outstation party in their home city. Can i file a recovery suite in my home city simultaneously ??
Asked 10 years ago in Criminal Law
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9 Answers
Sir can i file both cases simultaneously or law restricts me to file only one case at a time.
Asked 10 years ago
1. No you can file both cases simultaneously.
2. You can file 3rd case of cheating also..
1. Was the cheque issued to you for supply of any goods &/or services from your home city?
2. If yes, then you can file Recovery Suit from your home city in addition to filing the case u/s138 of N.I. Act at the place where the branch of the drwayer Bank exists.
Yes you can file Summary Suit under Order 37 Rule 2 and you can file the suit where the cause of action has arisen.
Under Section 138 of Negotiable Instrument Act, the Court can punish the Drawer of the Cheque for
(i) maximum imprisonment of two years, or with
(ii) fine which may extent to twice the amount of the cheque, or
(iii) with both.
And in Money Suit under Order 37 of the C.P.C., the Court can Order the Drawer of the Cheque to Pay
(i) the amount involved in the Cheque, along with
(ii) Interest as per law from the date of the suit to the date of decree.
Further yes you can file both the case simultaneously.
You can also file a criminal case against the said party at your home city levelling the charge of cheating etc. on him.
You can also file a case of cheating under Section 420 of the Indian Penal Code, but the above recourse is preferred as it is faster and specially dedicated to this particular offence (bounced cheques),
It may not always result in recovery of the pending dues. Hence, one can file a separate civil suit for recovery of the cheque amount under Rule 1 of Order 37, Civil Procedure Code along with the cost borne and the lost interest.
The recovery suit can be filed by you at the place where you reside if any part of the transaction relating to which the cheque was given took place in your home city. If no transaction took place in your home city then the case cannot be filed by you in your home city.
1. The cheque bounce case is distinct from the recovery suit.
2. You may file both the cases simultaneously as they operate with full vigour in their respective spheres.
both case can be filed simultaneously.
