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CHECK BOUNCE case Section 138 NI


19-May-2023 (In Banking / Finance Law)
On 29th April 2019 I had submitted 4 checks amounting 7 lakhs in total. The cheque return memo said INSUFFICIENT FUNDS. The person was trying to cheat me so I consulted a lawyer and send him a notice to repay my money. With the response from his lawyer to grant him 6 months. Which is not possible. Now my lawyer advised me to put a case in criminal and told that he doesn’t advise me to put case in civil as the court will charge me court fees firstly. I am confused that as perSection 138 NI should the case be Criminal or Civil??? As my current lawyer advised me Right??
Answers (1)

Answer #1
581 votes
आपको इस मामले में धारा 138 के तहत ही परिवाद दायर करना चाहिए । क्योंकि धारा 138 में सिविल क्रिमिनल दोनों ही रेमेडी मौजूद होतेर है । उसमें अभियुक्त को सजा होने के साथ साथ चेक की रकम के साथ वाद व्यव भी देने के आदेश कोर्ट करती है साथ ही किसी भी समय समझौते के चांस भी रहत्ते हैं ।
आपके अधिवक्ता आपको सिविल सूट लाने की गलत सलाह दे रहें हैं ।
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