I have filed for cheque bounce case 138 need to recover money

957 votes

Since the matter is already pending under Section 138 NI Act and the cheque amount involved is substantial (₹10 Lakhs), your primary focus should presently remain on expediting the existing proceedings rather than immediately initiating multiple parallel litigations. If the opposite side is repeatedly seeking adjournments, your advocate may file: • Petition for imposing costs for unnecessary adjournments • Memo opposing repeated opportunities • Petition seeking day-to-day trial / early disposal in view of deliberate delay tactics Courts are not expected to grant endless adjournments mechanically, especially in cheque bounce matters where summary procedure and speedy disposal are the legislative intent. Regarding Order 37 Summary Suit: Yes, legally it is maintainable separately for recovery based on written financial liability. However, it will involve additional court fee, litigation expenses and parallel proceedings. Strategic decision depends upon: • Strength of documentary evidence • Financial recoverability of the respondent • Delay pattern in present case • Your litigation budget and recovery objective In many cases, a strong and properly pursued Section 138 proceeding itself creates sufficient legal pressure. Therefore, before filing an Order 37 Suit, detailed case papers should be examined strategically.

Advocate Pavani Kumari LawRato

505 votes

Section 138 NI Act cases should be disposed of expeditiously. If the accused is repeatedly seeking adjournments, your advocate may request the Court to avoid unnecessary delays and proceed further. An Order 37 suit is a separate recovery remedy but involves additional costs. The decision depends on the facts and stage of your case.

Advocate Ravindra Anjaneyulu LawRato