ashok kumar (Social Worker) 27 December 2012

Criminal & civil cases simultaneously in ch return matter?

The cheque issued by a tenant in respect of the rent bounces. Can a civil Suit be also filed in the Rent Control Tribunal along with the Criminal Suit under Section 138 of the Negotiable Instruments Act. ?

Can both the cases proceed simultaneously?

ashokkumar@calibreplacements.com

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7 Replies

Advocate Bhartesh goyal (advocate) 27 December 2012

Yes,both civil and criminal {u/s 138 of N.I.Act } proceedings can be initiated against drawer. there is no bar.

ashok kumar (Social Worker) 27 December 2012

Thanks Bhartesh goyal Ji

I have already filed the case under Sec 138 of the Negotiable instruments Act

Can u kindly cite the section of CPC under which this can be filed?

ashok kumar (Social Worker) 27 December 2012

Thanks Bhartesh goyal Ji

I have already filed the case under Sec 138 of the Negotiable instruments Act

Can u kindly cite the section of CPC under which this can be filed?

(Guest)

Under Order XXXVII (37) of CPC.

Advocate Bhartesh goyal (advocate) 28 December 2012

You can file civil suit under o 37 or o 7 of cpc.

Ashish Singla 098140 76600 (Cheque Victim's Lawyer. LUDHIANA (PB)) 28 December 2012

You can register a FIR also U/S 420 IPC at same time apart of above two options , just on the basis that he had no balance in his account and assured you that this cheque will be honored.