Suit for recovery of money

Querist : Anonymous (Querist) 02 July 2010 This query is : Resolved
Dear Sir,

In case if your case of section 138 INA is not maintained in the court for some reason but you have all documents of payments made to party, CAN WE FILE CASE IN CIVIL COURT FOR RECOVERY OF MONEY ?

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adv. rajeev ( rajoo ) (Expert) 02 July 2010
Yes you can file a civil suit for recovery of money by paying a court fee.
In NI Act you cannot recover the amount it is punishable section.

DEFENSE ADVOCATE.-firmaction@g (Expert) 02 July 2010
yes

Arvind Singh Chauhan (Expert) 02 July 2010
Definitely yes.

Pankaj Mehta (Expert) 02 July 2010
ya, definitely a civil suit is maintainable in ur case, u should have described here as to why ur complaint u/s 138 is not maintainable??

B K Raghavendra Rao (Expert) 02 July 2010
Money recovery suit may be filed for recovery of arrears in any event. Even if a case is filed under Section 138 of NIA, money recovery suit may be filed in addition to the case filed under 138.

Chanchal Nag Chowdhury (Expert) 03 July 2010
Yes. File a money Suit if the debt is within 3 years.

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