Can someone file a case twice under the negotiable instrument act

883 votes

Dear client,
As per your details, a person can file a case twice against the same cause of action depending upon the order and fate of the first case filed by the said person but he cannot file the case on same cause of action twice as it is barred by principal of resjudicata if there is no such order by the court in the previous case. More elaborate suggestions can be given upon the full details of the case.

Advocate Vikram Ojha LawRato

507 votes

After every incident of returning a negotiable instrument from the bank unpaid , notice must be sent to the drawer and after 15 days from service of such notice , proceeding must be filed within 30 days there from. Such for series of happenings one case is to be filed

Advocate Sudip Mukherjee LawRato

960 votes

No nobody cannot do so... And if someone has done so one petition will be rejected if proven by someone. Normally this doesn't happen but at times if something like this happens it just a small mistake. It doesn't extinguish the right of the person who files 2 cases having same subject matter with same cheque.

Advocate Rahul Uday Singh LawRato

958 votes

No. One Cheque can be make single cause of action. Therefore, No one can file twice Case under Negotiable Instrument Act by using single Cheque. If you see the same, you can apply for quashing both the Case.

Advocate Sanjoy Acharjee LawRato