Complaint for unretured money
Dushyant Pandya
(Querist) 18 February 2011
This query is : Resolved
We had provided money in advance against assured goods. After receipt of advance money, other party had not acted accordingly. Other paty had provided cheque against our follow up. Cheque was dishonored. We had filed criminal complaint for dishonor of cheque.
Can we file criminal complaint under section 406, 420 of IPC against other party?
Arvind Singh Chauhan
(Expert) 18 February 2011
Reecently Apex court quashed cognizance taken by lower court under 420 considering it double jeopardy. So it is advisable to file civil suit for recovery of amount paid and damages or, for specific performance of contract.
Amit Minocha
(Expert) 19 February 2011
file a summary suit under order xxxvii for recovery instead , besides 138 already filed
G. ARAVINTHAN
(Expert) 19 February 2011
can initiate Summary Suit under Order XXXVII so, than the proceedings will reach finality soon
Ajay Bansal
(Expert) 19 February 2011
AGREED WITH AFORESAID VIEWS.
Basavaraj
(Expert) 19 February 2011
I agree with A S/O G.
M V Gupta
(Expert) 20 February 2011
Yes. Filing of complaint under Sec 138 of the NI Act is no bar to file suit for recovery of the amount to save the limitaition. But generally the drawyer of the dishonoured cheque pays up the amount due under the cheque to save himself from punishment under Sec. 138.
