138 of NI Act

Querist : Anonymous (Querist) 02 August 2011 This query is : Resolved
Dear Sir,
I have filed a suit under above section against a party 2 years back still the case is going for amt of Rs.40000/- .

My question

1) Can I claim Intrest & Incidental Charges( Adv Fees) in addition to principal for such delay? ( Amt was given handloan through Chq)

2) what are additional privilages under civil & Criminal which I can take action against the party?
Please Specify with relevant Sections.

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M/s. Y-not legal services (Expert) 02 August 2011
As of now you proceedings criminal case against the borrower. If case got conviction mean, Here court can may punish him or award compensation to you. Can't allow cost or interest amount here.

M/s. Y-not legal services (Expert) 02 August 2011
But by filing a suit for recovery of money you can claim interest amount, litigation charge. If suit decreed in favour of you mean you can.. As rep your words already 2 years gone. You have to initiate the civil proceedings with in 3 years. Take care about it.

M.Sheik Mohammed Ali (Expert) 02 August 2011
yes, i do agree expert query reply, same time the court order may with interst of filing in your NI Act.

adv. rajeev ( rajoo ) (Expert) 02 August 2011
In a civil case you can claim the interest and cost of the suit, but you cannot claim in the criminal proceedings.

Querist : Anonymous (Querist) 02 August 2011
Dear Sir,
In Order to Recover Intrest & litigation charges under civil procedding wheather I have to pay Stam Duty if yes what is the slab rate?

M/s. Y-not legal services (Expert) 03 August 2011
Its will differ from state to state sir. In tamilnadu for money suit, 7.5 percentage of the claim amount should be paid at the time of filing.

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