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I have already filed a cheque bounce case in the year 2017 and it's in progress. Now I want to file
26-Jan-2023 (In Cheque Bounce Law)
I have already filed a cheque bounce case in the year 2017 and it's in progress. Now I want to file a debt recovery case against same accuser and using same promissory notes that marked in cheque recovery case. First question is can I file debt recovery case? Second question is if I can file a case then how I can use promissory notes when originals of promissory notes already marked in cheque bounce case, please advise
Dear Sir
Answer to your both questions is positive. You can file money recovery suit within 3 years of date of promissory notes. You can get the originals by producing certified copies from cheque bounce case. You can also get attachment of his property on first day of filing money recovery suit
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Adv. Kishan Dutt Kalaskar
Bangalore / Bengaluru | 1000+ Answers
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to file 138 Negotiable Instrument Act then you want to file recovery case means you need to submit transaction record record signed you need to file the court fee and all as well as all supporting documents
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Adv. Shankar Bandi
Bangalore / Bengaluru | 400+ Answers
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You can file a Civil recovery case. A Debt recovery case is only for banks and financial institutions. You will have to pay the court fee as per the amount you seek to recover. It's a good idea to file both cheque bounce and recovery because, cheque bounce does not guarantee recovery of money unless Accused is willing to settle. But in civil recovery case you can not only try to get an Order for recovery but you will be able to proceed against the assets of the Accused for recovery. You will need to file an application for withdrawal of the documents but for the filing of the civil recovery case, you just need photocopies.
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