138 NI act

Querist : Anonymous (Querist) 29 June 2011 This query is : Resolved
can i file a civil summary suit for recovery of money without present cheque.

Follow Query

Report Abuse

Guest (Expert) 29 June 2011
if you are having instrument in any form and the payment is not recieved than you can file a summary suit but if there is cheque than under 138 NI Act

Ravikant Soni (Expert) 29 June 2011
yes you can file. even you can file both n i act and summary suit simultaneously.

Advocate Bhartesh goyal (Expert) 30 June 2011
summary suit can be filed on basis of cheque but for filing suit you have to submit the cheque.

Guest (Expert) 30 June 2011
the cheque is a returnable document. so after marking in the criminal case you can file it in the civil case as summary suit. after that get certified copy of the cheque and produce it in criminal case.

Guest (Expert) 30 June 2011
but in civil court the cheque will not be returned and it is superseded. only certified copy available

abhishek (Expert) 30 June 2011
you can file a summary suit for recovery as per civil procedure code or you can read order 37 of cpc

Previous

Next

You need to be the querist or approved LAWyersclub expert to take part in this query .

Click here to login now

Similar Resolved Queries :

Ask Query
Unanswered Queries