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Cheque bounce case and recovery suit
25-Jan-2023 (In Cheque Bounce Law)
I have filed a cheque bounce case and recovery suit on the same cheque amount. My question is if in the recovery suit i win and court award me amount and interest what will happen to the ni 138 case can the accused be sent to jail in ni 138 even if i get amonunt is recovery suit or it will be disposed off ?
It will be disposed off as per your terms of settlement. Likelihood of the person being sent into jail is extremely less. The maximum punishment that is awarded is double amount of cheque.
However, I will be able to guide you better on knowing the facts of your case in detail
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Adv. Rhea Luthra
Delhi | 50+ Answers
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Both are different proceedings 138 case is criminal proceeding for which the accused has to face punishment and has to pay compensation whereas under the recovery suit you can claim compensation from the said accused
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Adv. Shrutika Garg
Delhi | 100+ Answers
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Hi, the suit for recovery case is a civil cae wherein onus is upon plaintiff to prove why and how much money he had to recover
whereas 138 is a quasi criminal complaint where burden is on accused to prove how he never had any liability.
interesting but both cases will be decided independently
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Adv. Sahej Uban
Delhi | 700+ Answers
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