Cheque bounce -ni act case

If you have filed the civil suit for 8 lakhs then you continue that civil money recovery suit. 

Let him tell anything before court,  you inform your advocate to deny his allegations. 

T.kalaselvan, 

what about NI act case ? this is more important . pls guide

If u have mentioned about the amount as 8 lacs continue with the same and u hve proofs of statements that u hve given 8 lacs, then need not worry and continue with the cases .

The NI act was filed against the bounced cheque to the value of the cheque,  hence you cannot claim any amount more than cheque amount and passing an order by court for double the cheque amount,  if prayed for. will depend on the discretion of court concerned. 

Therefore you were advised to pursue the civil money recovery suit properly. 

Sir thanks for your reply.

1) half payment is given to me after cheque got bounced. Means after the crime/ mistake. And after months cheque got bounced he gave half of total amount means he acknowledged borrowing from me and issuing cheque.  Why can't I win NI act case ?

2) he has given just half the total amount borrowed. Why can't NI act and recovery act both valid .

I am new to all this kindly guide 

The cheque bounce case filed under section 138 NI act is only for the cheque that has bounced.

If he has paid the cheque amount then the case can be compounded.

However since the crime has been proved the court has got powers to punish him  but since there is no money to be recovered beyond the cheque amount you cannot expect the crimnal court to help you recover the amount which is beyond the cheque amount.

You have to file the civil money recovery suit which you have already done it and can restrict your claim for the remaiing amount alone.

T.Kalaiselvan Sir,

humble thanks for your reply.

if so why cant I or my lawyer keep an argument that the amount he has paid is for civil suit (partially)? and keep NI act case alive ?

as we all know, no one is afraid of civil suits. 

atleast in NI act we may expect 6 months conviction for accused party. 

Does the pleadings in the civil case mention of the criminal action you have initiated under NI Act?

Originally posted by : P. Venu
	Does the pleadings in the civil case mention of the criminal action you have initiated under NI Act?

P.venu Sir

Yes. In civil case we used my bank statement as proof and mentioned NI act case cheque too.

Kindly guide

Since you have already filed the civil suit, if that case is not in progress and if the status of the case says at trial stage then you can file a petition in the  suit restricting your  claim amount by deducting the amount he already paid and continue the cheque bounce case, let him take a defence in the criminal court  where you can argue accordingly by bringing the civil suit records before the criminal court to defend your interests. 

Yes, in the light of the subsequent developments, you can carryout amendment of the pleadings moulding the relief accordingly.

As to the Criminal action under NI Act, you apprise the Court of the payment of the debt and withdraw the case.

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