Ni 138

In meantime, you can file recovery Suit under Order 37 of the C.P.C. in addition to the ongoing proceedings u/s 138 of NI Act.  Under Section 138 you cannot recover the amount, it is only a punishment under criminal law. 

It is bailable offense , you can not oppose bail.

You have no right to oppose bail in this. The court may impose tough consitions for releasing him on bail. that is it.

dear sir

as already stated by other advocates it is bailable in nature. but you can ask compensation.

the hon,ble majistrate has unfettered power to award compensation. please refer 347 sub section 3 of crpc.

if i am wrong please correct me.

regards

sowrirajan

It is a bailable offense at the first instance but if he evades the arrest warrant and does not seek bail, then it is a non-bailable.  You need to initiate recovery proceedings as well.

Though the period for filing the recovery suit is within 3 years of cheque bouncing, but still you can file the suit supported by the application for condonation of delay u/s 5 of the Limitation Act stating the full reasons for delay.  The court may consider the suit.

All the learned Advocateshave replied to you. But some times the Magistrate even orders for the payment in the criminal case itself. But that is just a chance, which you should be ready if not ordered by the court. It is not mandatory on the court that it has order recovery in the criminal proceedings,,

Forget about civil case, it would have no legs to stand on now.

Although it is the bailable offence, but since he has evaded the summons for last 10 years and he has not surrendered against NBW and is being brought to the court by police (has police arrested him or they are just telling you ??), then in all likelyhhod magistrate will deny the bail. Once the NBW is issued, it is no longer automatic that he would get the bail.

You also tell the court that he is not reliable and he will run away if let free again, this will atleast ensure some tough security and bail bond conditions.  

thanks all...

Mr Kuldeep,

In present case civil suit is not maintainable  as the period of limitation has already expired.Delay can be condoned by filing application u/s 5 of limitation act only in appeals and applications and not in civil suits.

Thanks Goyal Saheb.  You are right.