Legal Question in Criminal Law in India

section 138 to 142

sir, i have advanced an amount of Rs.10 lakhs on good faith to my friend based on promissory note endorsed on Rs.10 NJC supported by a surety on Rs.100 NJC. On a later date himself and surety issued one cheque each towards part payment which were bounced with INSUFFICIENT FUNDS at first instance and SIGNATURE DIFFERS in second instance. I filed a case u/s 420 which was court referred and is pending investigation. Subsequently i received another cheque for entire amount through his messenger and again the cheque was dishonoured for want of funds. How can i proceed legally under negotiable instrument act apart from pending complaint u/s 420 ? Plz let me be known about the criminal procedures for recovery of money. Please be kind enough in answering elaborately. Thank you


Asked on 8/03/08, 4:14 pm

3 Answers from Attorneys
Homi Maratha N.N. Maratha & Co.-Advocates

Re: section 138 to 142

You cannot proceed under criminal law and you have to proceed the same case u/s. 138 of the NI Act.

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Answered on 8/05/08, 12:48 am
Shrichand Nahar S.V.Nahar, Advocate

Re: section 138 to 142

You can proceed u/s.138, since it is a different offence.

There is not procedure under criminal law for recovery of money. Criminal Laws are meant for punishing the offenders.

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Answered on 8/04/08, 12:49 am
Aniruddha Pawse Aniruddha.P.Pawse Advocates

Re: section 138 to 142

Proceed u/s 138 NI Act. both proceedings are different.

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Answered on 8/05/08, 8:15 am


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