Recovery of Hand loan given

Querist : Anonymous (Querist) 30 March 2011 This query is : Resolved
Rs.1,00,000/- Hand loan given to friend - Rs.88,000/- by 4 DDs and 12,000/- cash- no written agreement - Friend gave cheque in 2008 - dishonoured- friend absconding - case U/sec.138- service of summons could not be effected till today - Civil suit filed in 2008 for recovery of said amount - Service of summons under O.V Rl.20- suit proceeded exparte - Original cheque alongwith cheque return memo produced on record - evidence by plainatiff given - final arguments - Court querry - under which provision the suit is filed - What are the provisions ? Can such suit & criminal U/sec.138 co-exist ?

Follow Query

Report Abuse

Arvind Singh Chauhan (Expert) 30 March 2011
Yes both suit may co exist.

Advocate. Arunagiri (Expert) 31 March 2011
You can initiate civil case and a criminal case simultaneously.

Advocate Bhartesh goyal (Expert) 31 March 2011
Yes,both civil and criminal cases may be initiated simultaneously.since nature of relief in both the cases are different. in civiil suit relief for recovery of cheque amount is claimed whereas in criminal case prayer is made to punish accused for committing offence of cheque bounce.

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