In Cheque Bounce Case -Can we pray in the petition

I will be filing a cheque bounce case soon under 138 NI Act after issuance of statutory notice for payment within 15 days. During filing of petition can I claim Interim Relief from the courts as per the cabinet proposal. Cabinet proposes to provide Interim Relief to the complainant in the form of 20% of cheque amount. Though it is still a proposal and has not yet become a law I want to know if I can still pray it in the petition.

Answers (4)

314 votes

Proposal is not Law. Law should be pass through Cabinat and implement after amemdment of the present Act. Till then, previous act should be followed. Therefore, at present after completion of Trial the Ld. Court will pass judgment upon the amount of Cheque.

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102 votes

Dear client,
As per the details provided by you I would like to suggest you that no such provisions of interim relief is provided in the Negotiable instrument Act as of now and as such you cannot claim such releifs now.

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134 votes

As you pointed out correctly that it was a proposal and not become a law most likely you won't get an interim relief. You can still pray it when the serivece return is done. You have to file another petition containing the cause of interim relief .

254 votes

No as of now you cannot pray for such a thing,because the amendment is not a law as of now.but you can pray for other relief such as litigation cost and other costs.any law is not a law unless it is passed in parliament and assented by the president..

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