Dishonour of cheque

Querist : Anonymous (Querist) 23 February 2010 This query is : Resolved
Can we file a complaint under sec 138 of Negotiable Instruments Act, 1881 and a civil suit for recovery of the said amount simultaneously?

What if the party is ready to pay the cheque amount but the opposite paryt is not ready to accept but wud like to go with the proceedings?

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B K Raghavendra Rao (Expert) 23 February 2010
A complaint under Section of NI Act and a money recovery suit in civil court can be filed simultaneously. There is no bar.

The first one for punishment for the accused to have committed crime and the second is civil action for recovery of money due.

Strictly speaking if the complainant refuses to accept the cheque amount and insists on prosecution of the accused, the Magistrate has to proceed to punish the accused, if proved guilty. But, the courts looking at the nature of special enactment and the circumstances prevailing in the society would encourage payment of cheque amount and the complainant in such cases may accept the money and withdraw the complaint. After all who is interested in enjoying one's jail suffering in lieu of complainant's due amount?