Narayan 21 August 2018

Cheque

I have filed a case of cheque bounce under section NI 138 act in May 2014 @ Bhopal District Court which is completed about 4 years and case is still pending before the Magistrate whether can I also lodge the case under Order 37 CPC for the same cheque amount. Now the question arises the time limit for lodging Order 37 CPC is 3 years. In this case 4 years have been passed. Can I still lodge a Civil recovery suit under Order 37 CPC? Please let me know.

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5 Replies

Kanishk Khullar 22 August 2018

One can file the case under section 37 after the limitation period expired only if he had a strong reason like illness or legal incompetence ... in your case, there is already one case is going on for the same subject matter ... so it would be very difficult to condone the delay by the court.

Kanishk Khullar 22 August 2018

Order 37 CPC**

Narayan 23 August 2018

Sir,

I recently came to know that the accused in my case is on Dialysis and he is in critical condition. Can I put this as a reason before the court to allow me to file a suit under order 37 CPC.

Thank you..

R Trivedi (advocate.dma@gmail.com) 23 August 2018

No, you can press for expediting S.138 case. You can file normal civil recovery case citing your liabilities, here you can seek condonation of delay and showing that liability reflects in your favour