NI Act Sec 79

Querist : Anonymous (Querist) 29 January 2011 This query is : Resolved
Dear Experts:

Is sec 79 of NI act applicable/enforceable in cheque bounce cases? There is inordinate delay in my case with court dates nearly 2 months apart. And accused also is protracting the case by seeking adjournments citing frivolous reasons. Hence, can the agreed upon interest according to Sec 79 be enforced on accused by court for these long delays also? Should I also file a civil recovery case or is there any other alternative where heavy court fees may be avoided?

Is there any legal recourse for speeding up my case on grounds of my delicate health etc., ? Please help me out. Please post any citations etc., in this regard too.

Regards and Thanks in advace-

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Guest (Expert) 29 January 2011
79 apply only for the bill of exchange, pronotes only. there must be a written contract in this aspect or letter. if want to file the suit for recovery of money based on the cheque you have to pay the court fees as per respective state acts. ask your counsel to urge the case in each and every hearings without fail for speedy disposal of the case.
Each and every case citations cannot be posted and searched.

Advocate. Arunagiri (Expert) 29 January 2011
NI act is only for penalizing the person for issuing the cheque with insufficient funds. You can file a civil suit for recovery of money with interest rate as specified by S.79 of the NI Act.

If you are a senior citizen you will be given priority.

Amit Minocha (Expert) 29 January 2011
you have to urge the grounds befor the COurt and it will depend upon Court to consider fast trial (chances are blunt), section 79 cannot be imposed in complaint u/s 138 NIA

Ajay Bansal (Expert) 29 January 2011
Better to file a civil suit for recovery.

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