Filing of civil suit in civil court u/s 138 nia
PARAMJIT SINGH
(Querist) 29 January 2014
This query is : Resolved
Dear Sir/Madam
My Query is to get information regarding Section 138 of Negotiable Instruments Act.
Also Please let me know that Can i file law suit u/s 138 in Lok Adalat or Permanent Lok Adalat.
and also is it necessary to have Lawyer for filing the Law Suit u/s 138 in Civil Court. Can Any Person File case at his own behalf without engaging services of a Lawyer.
Is there any provisions in Law to fight case on individual basis i.e without Engaging a Lawyer.
Pls Reply me asap.
with Regards
Paramjit Singh (Pursuing CS)
Advocate. Arunagiri
(Expert) 29 January 2014
Mr.Paramjit Sigh,
Are you doing CS at what level, have your ever gone through the NI Act?
Please go through the Act and come back to us.
As you are a CS student, I am suggesting you to do this exercise.
PARAMJIT SINGH
(Querist) 29 January 2014
Dear Mr. Aruna Giri Sir,
I am Student of Executive. i have read the NI Act. as per this act, it is mandatory to send notice, and then file case within 1 month from notice dispatch date.
But i am confused whether i can file case in civil court at my individual level, or i have to engage service of a lawyer.
is there nay provision in Indian legal system to fight case in civil court at own basis.
pls reply.
Advocate. Arunagiri
(Expert) 29 January 2014
Complaint u/s 138 of NI act always a criminal case and it should be presented before the magistrate only u/s 200 cr.p.c.
Not only in magistrate court, even in supreme court, you can appear as party in person.
Sudhir Kumar, Advocate
(Expert) 30 January 2014
s/138 provides criminal remedy which is more effective mos tof the times.
Dr J C Vashista
(Expert) 30 January 2014
Yes you can file case in court as a complainant in person, need not to engage service of a lawyer, I appreciate your efforts and zeal.
However, in your interest, services of a professional lawyer will improve upon your case as there is lot of gap in academic (which you have been studing, practising and reaserching) and practice/practical.
R.V.RAO
(Expert) 30 January 2014
sri arunagiri has rightly reminded us of our constitutional right to appear as party in person . NI act liability is criminal liability .
sri paramjit singh took a bold step to present and defend himself in court.wish him all the best
Rajendra K Goyal
(Expert) 30 January 2014
Well advised by the expert Advocate. Arunagiri ji. agree to it.
ajay sethi
(Expert) 30 January 2014
agree with Mr Arunagiri
T. Kalaiselvan, Advocate
(Expert) 01 February 2014
I too agree with the expert's opinion about the subject issue, nothing more to add to this.
