Cheque bounce - go for civil(summar) suit or criminal ni 138

One can simultaneously avail both the remedies i.e. filing criminal complaint u/s. 138 NI Act; and also filing a summary suit under Order 37 CPC.  Both are mutually exclusive.

IT is not clear how Mrutubhoj comes into picture at all - if you have given and money (it might have been given as a loan and not towards Mrutubhoj) - when the person returns the money by way of cheque (he would be returning in discharge of his loan and not towards Mrutubhoj).  Therefore, I am completely at a loss to know how Mrutubhoj comes into play in the whole matter.

 

we have money on the basis that we were known to each other since long time and he came to us and asked for money. since we know to him and frinds since long time we have given money to him .  but during the time of court procedings he has told that he has taken money for mrutubhoj of his mother

dishonour cheque is in the year of  2015 ( july)  and in one of the case we have lost , but can we get money back through filling  civil summary suit which we still not initiated ?

If it is within limitation period proceed with Complaint case u/s 138 of NI Act. When did you receive the return memo given by bank? If it is within limitation period go for Complaint case. You can also file summary suit simultaneously. There is no bar to it.
Regarding other query there must have been some loan against which cheque was given. So bringing under Mrutubhoj Act is questionable.

@CA Lokesh Pokharna - Yes you can file civil summary suit within 3 years from the date when cause of action arose.
Mere giving a statement in Court by accused that money was taken for mrutbhoj does not suffice for dismissal of Complaint. That statement needs to be proved. You should have filed criminal revision in this case.

If the cheque was dishonoured in the year 2015, now you cannot file complaint u/s 138 N.I. Act.  That option/chance has gone.

You have only one chance now to file Summary Suit.  That too you have to file very quickly before 3 year period gets over, to beat the limitation.

As regards your earlier case - when he says that he took the money for Mrutubhoj, then what was the need/necessity for him to issue a cheque to you?  A man who took the money for Mrutubhoj would have spent it for the purpose for which he received it. He will not be returning the money by way of a cheque.  Therefore the claim that he took the money towards Mrutubhoj just does not cut ice. 

There has been inordinate delay in this matter now. Limitation period has already expired for filing Revision or Appeal. 

 We have filled case us 138 during the year 2015 immediartly after getting dishonourance order from bank . case goes for 2 years and recently  6th of dec 2017 taluka level court ordered that money was lent for mrutubhoj without  having material cliams and releived accused .  and now we are planning for apeal in rajasthan high court .

 

i m looking for summary suit as well now in the matter , by way of summary suit will we able to recover money and what are the facts we should takecare whilng precedings of civil summaru suit and how much time it will take in the outcome of summary suit ?

138 case- Go for appeal in Sessions Court.

Let your appeal get decided first otherwise they will take a plea that Complaint case has been dismissed and accused has already been acquitted. You should have filed the summary suit simultaneously. Better take help of an advocate in drafting of your documents.

3 year period is required for summary recovery suit..

Adv. Nitish Banka

Please understnd that criminal case can only punish the person for the crime of bouncing of his/her cheque it can not get the loaned money back to you. You have to file a civil suit for the refund of your loaned amount. It is always advisable to take recourse to both criminal as well as civil courts in the cheque bouncing cases.