recovery suit
rajan chopra
(Querist) 22 September 2013
This query is : Resolved
An accused after being convicted in a cheque bounce case was ordered to undergo imprisonment for one year and to compensate the complainant with certain amount.In appeal session court uphold the order of lower court.Accused then moved to High court with the submission and undertaking that since he had deposited the entire compensation amount in lower court he should not be sent to jail in interest of justice.High court accepted the plea of accused with a condition that he will deposit 15% of cheque amount in high court and let him free.Now there is a recovery suit being filed by complainant on account of same cheque issued by accused.Is complainant eligible to recover cheque amount with bank interest with court fee with advocate fee. Since complainant was compensated for the sufferings by the act of accused.
V R SHROFF
(Expert) 22 September 2013
Recovery is CIVIL suit.
Complainant is eligible to recover cheque amount with bank interest with court fee with advocate fee.
ACCUSED can claim payment already made as his counter.
ajay sethi
(Expert) 22 September 2013
has the civil suit being filed within period of 3 years ? please cross check . the complainant can file summary suit for recovery . civil suit is for recovery while cheque bouncing case is for punishment . both can be proceeded with simultaneously
