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Can a suit for recovery of Money be filed again after dismissal?
19-Sep-2023 (In Cheque Bounce Law)
My suit for recovery of money under 138 NI Act was dismissed as it was premature complaint to the court. I had filed the suit within 15 days of service legal notice.
Can I file the suit related to this cheque again?
Yes you may file the complaint under section 138 NI act again in case you have withdrawn the case and requested the court for return of the complaint with original documents and the same is within limitation. Else you have to file a civil suit for recovery which will entail a court fees also apart from lawyers professional fees
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Adv. Anubhav Kathuria
Delhi | 500+ Answers
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hello client as you are saying your case is been dismissed on the basis of the filling of the case as per time limit is concerned
in your matter your second time filling can be a problem as a fresh case as coutt can object the law of limitation on you and can dismissed your case again
in your matter your second time filling can be a problem as a fresh case as coutt can object the law of limitation on you and can dismissed your case again
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Adv. Vishwanath Pratap Singh
Delhi | 500+ Answers
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yes you can..but you need to represent the cheque within its validity period. if the cheque has expired then no use. 138 is a compliant case n it's procedure is very strict. if procedure not followed your complaint will get dismissed.
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Adv. Prabha Sharma
Delhi | 25+ Answers
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