Promissory note dishonoured. Can we take criminal action?

In the case of default to pay promissory note amount, no criminal action cannot be intiated, only civil remedy is available. If the party is avoiding to receive summon,  then file a petition for substitute service, and get the summon published in the local news paper. Inspite of that notice, If the defendant fails to appear, Court  can set him exparte and pass decree in your favour. After paasing of decree, it can be executed by arrrest of the Defendant/J.Dr or by attaching his properties.

Thank you Kiran !!

Yes, the paper notice also send in local news paper. Despite that he did not appeared in court. So now my advocate told me there will be exparte order.

He has a flat in good location in the city..but it is mortgaged. Since he is not appearing in the court and i am not able to find the liablities on the mortgage from the bank..so i tend to push my lawer to register the criminal case.

Another thing how and who is going to decide whether he (borrower) defaulted? He told me that he do not have money to pay..but i am not able to believe that because its been already 2 years and he do see enjoying comfortable life..I do have witness that he went to foreign country too..

Bottomline I want to take stricct action against him and try to recover money. There are 2-3 138NI cases against him..which he settled out of court. So I am thinkting to register a criminal case of cheating/fraud/breach of trust against him.

If my lawyer is not ready then I want to search another lawyer to do so successfully.

Thank you once again.

Please carry on civil suit method only , no criminal action possible.If you search another advocate you have to also thank him in advance as you are doing on this site.

No body has told you so my reply ; if your creditor finds an enterprising advocate than he can file criminal action against you for doing illegal money lending buisness. And it depends in which state you live you will be arrested immediately . The money lending controller which is mostly co op department will attach your properties related to money lending buisness and will file police complaint. And in that situation thanking in advance will not help you.

u can file a civil suit for recovery of ur money under order 37 cpc.

The promissory note is just like cheque, i.e. an instrument. You was entitle to file the case u/138 N.I. Act.

As you have filed the civil suit, go ahead and proceed till you not get the decree.

If there is time limitation then reply me, i will suggest you at my level best.