Varun Kumar 28 February 2023

won 138 B case

Hello Experts,

Hope you all are well and staying safe.

My query is that we won the 138B cheque dishonour case. The first case we won in 2021 then again accused filed the appealed and just last week court dispose that second case and court returned a verdict in favour of us. So my query is what would be the next step after win cheque dishonour case.

Now how can we get our cheque amount from accused , since we won the case. What
would the next action ?

please guide me.

Regards
Varun

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4 Replies

Real Soul.... (LEGAL) 28 February 2023

Now get the decree drawn and file for execution, if the accused is punished with any jail term then prosecution will handle that.

1 Like

Advocate Bhartesh goyal (advocate) 28 February 2023

Cheque bounce cases ( sec 138 of N .I.Act ) are criminal nature cases in which accused are punished for offence by imprisement and fine and no decree of cheque amount is drawn. For recovery of cheque amount you have to file civil suit for recovery of amount.

1 Like

Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 ) 28 February 2023

file an execution petition in the same court. It basically execution means the process for enforcing the decree that is passed in favour of the decree-holder by a competent court

1 Like

RAKESH PIPRODIA (ADVOCATE) 01 March 2023

Execution of Decree

1 Like