quesCan i file civil and criminal case together in case of cheque bounce?

I have filed a cheque bounce case under section 138 of the negotiable instruments act. Someone advised me that I can also file a recovery case against the same person.

So I wanted to know can I file both cases together? If yes, then under what act should I file it?

  • ansYes, you can file Summary Suit under Order 37 Rule 2 and you can file the suit where the cause of action has arisen.

    Under Section 138 of Negotiable Instrument Act, the Court can punish the Drawer of the Cheque for

    1. maximum imprisonment of two years, or with           
    2. fine which may extent to twice the amount of the cheque, or           
    3. with both.

    And in Money Suit under Order 37 of the C.P.C., the Court can Order the Drawer of the Cheque to Pay

    (i)  the amount involved in the Cheque, along with          

    (ii) Interest as per law from the date of the suit to the date of decree.

    Further, yes you can file both the case simultaneously.


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