2 cheque bounce case against same debt/liability
09-May-2023 (In Cheque Bounce Law)
I have give a amount of 10 lac to a person and he gave me cheque and got bounced ( Insufficient Fund) , later his father gave me cheque of 12 lac as a guarantor and signed a pro-note too. ( 10 lac original debt + 2 lac compensation/loss ) and that cheque also bounced ( Stop Payment) , also father Cheque was stopped already before handover to me.? I already filed 138 NI against son,
1. Will another case of NI act against his father is maintainable as I already filed against son for same debt but father cheque includes additional 2 lac compensation/loss amount?
2. Need to file a recovery case as well, and need to get his property attached asap?
3. Both accused are in jail already now in different case, Can I file 420,406 too ?
you just need to file a cheque bounce case. recovery case not required to be filed, though there is no legal bar to doing so. recovery through attachment will also be possible in execution of 138 case.
Yes a separate 138 case will be maintainable since it pertains to a different cheque.
Both the cases will give force and if the matter is likely to be settled then both the cases may be withdrawn in future. It is advisable to file.
You may proceed with recovery of money as well. Since the Accused persons are already in jail another round of litigation may not be necessitated.
Both the cases will give force and if the matter is likely to be settled then both the cases may be withdrawn in future. It is advisable to file.
You may proceed with recovery of money as well. Since the Accused persons are already in jail another round of litigation may not be necessitated.
The facts as stated by you clearly shows that a particular is amount due from the person. In the entirety of the said facts, i feel that the best and minimal way to recover amount is to file a recovery suit under Order 37 CPC and obtain a decree. You may then file execution of the decree if the decree is not satisfied by the Judgment Debtor, wherein you can also get the attachment orders. Other Cases can be filed but the same will increase your liability towards professional. It is best to file a case where you see success. It should not be based on the thinking that by harassment by filing FIR may lead to receiving some payment from accused in pressure.
Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.
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