Summary Suit after cheque Bouncing Case


I had an filed cheque bouncing case (138 NI Act) against one individual & he has been convicted in the case but he filed appeal against the judgement. Now i want file Summary Suit against him. in the cheque bouncing case I had 1) promissory note signed & executed by him 2) Confirmation of Loan & undertaking signed & executed by him 3) Bounced cheque ( cheque bounced 2 years ago) My question is whether I can file Summary Suit against him based on above? What are my chances of winning the suit given the fact that the judge mentioned in judgement that there was legally enforceable debt on the accused?

Answers (2)


324 votes

you may most certainly file a case of recovery for the said amount along with interest. however the entirety of admission depends on the pleadings of the plaintiff. courts generally do not entertain cases with identical or similar pleadings. feel free to call me to discuss your case at length.


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89 votes

as long as there is a legally enforceable debt, your chances are substantially high, further as long as the debts owed to you are more than Rs. 3 lakhs, your case will be a commercial suit and not a summary suit, which would entail you to have a 3 month mediation settlement

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