Recovery suit u/o37

no, bar the limitation

No ,u cannot file suit u.o 37 of CPC .

No, Madam,

Much disappointing point for you is limitation since the cheque expires within six month from the date of its issue(Now 3 months validity as per RBI Circular). So, limitation shall bar you in taking action against the person who's cheque is in your cutody. If you had enchased the cheque within six month from the date of its issue, you would have be able to recover the amount under civil suit under 3 years from the date of its dihounour.

no baba no baba

Dear Anuradha,

The cheque is only a acknowledgement of loan/money recoverable and in such event, one has to present it with the bank and in the event if it is dishonored, one can complaint u/s 138 of N I Act. Parallely the person in possession of the cheque can as well file civil suit. However, where the cheque is not presented and the same has lapsed, from the date of recovery, the limitation starts and it being 3 years, one can always file the civil suit. The cheque being bill of exchange and being a promise to pay on presentation, U/Order 37 C P C, one can file summary suit, however, in such event, the person has to prove the debt/recovery of money with convincing evidence which establishes that there was a transaction and pertaining to which the cheque was issued and the same due and recoverable as against the drawer and even though if the same was not presented, however, there being a transaction, the issuance of cheque amounts to acknowledgment o liability which could be proved by production of documentary evidence and established beyond doubt, unless the issuance of cheque by the drawer is challenged that the same was not issued for or towards repayment of money.

Yes certainly you may file recovery suit on the basis of cheque...O37 is a special procedure...you may use cheque as a proof of loan

you may be barred u/s 138 NI Act but the cpc o 37 can be invoked since you are claiming your amount which was acknowledged as a debt  by the other party by issuing the cheque to you