Recovery of money suit
shivraj
(Querist) 10 February 2012
This query is : Resolved
hi, everybody i want to clarify one query if the court already decided the N.I.Act Sec.138 complaint and acquitted the accused person after that complainant file recovery of money suit against the accused person for the dues amount at the help of same cheque ? can this recovery suit is maintainable before the court? can previous judgement of acquittal useful in the civil recovery suit? plz reply..
V R SHROFF
(Expert) 10 February 2012
This being Civil matter, can file recovery of money suit against the accused person for the dues amount at the help of same cheque.
YES THE SUIT IS MAINTAINABLE IF NOT TIME BARRED.
can previous judgement of acquittal useful in the civil recovery suit? YES, PARTIALLY . As civil procedure differ from ni 138 cr pc.
Arvind Singh Chauhan
(Expert) 10 February 2012
Nothing to add after the perfect opinion of SHROFF Sir.
ajay sethi
(Expert) 10 February 2012
you can file summary suit for recovery of your outsanding dues provuided it is within limitation period .
why was accused acquitted in respect of section 138 NI ? need to study the order of acquital . if it was on merits as to no debt is due and paybale you wont succeed in civil proceedings
Deepak Nair
(Expert) 11 February 2012
The grounds of acquital has to be checked.
if the acquital is on merit, then it can help. But if the acquital is on technical grounds, it may not help.
prabhakar singh
(Expert) 11 February 2012
"hi, everybody" IS AN ADDRESS I HATE AND IT IS ALSO IN THOSE 19 POINTS PUT FORWARD BY MR. RAMACHANDRAN AND REITERATED BY MR. BARMAN AND AGREED BY MR.V R SHROFF.
IS IT NOT SO MR. SHROFF??????
V R SHROFF
(Expert) 11 February 2012
YES Shri Prabhakarji,
IT IS IN AGENDA
Deepak Nair
(Expert) 11 February 2012
Oh. Sorry sirs, i failed to notice that.
Devajyoti Barman
(Expert) 11 February 2012
this type of query should be avoided.
