Legal Question in Banking Law in India

Re: fail to pay

the criminal case U/s 138 if all the criterio are fullfilled is possible and also a civil suit for recovery of amount is possible

Re: fail to pay

The person whose cheque has been bounced may face civil as well as criminal proceedings. Better is payment rather to face litigation.

Re: fail to pay

You have both civil as well as criminal remedy. You may file prosecution under section 138 neg. instrument act and also file a summary suit for recovery of the amount with interest.

Vishwa Arya

Re: fail to pay

You can resort to any of the following three or all of these remedies :

1. File a Criminal complaint under Section 138 of the Negotiable Instruments Act 1881

2. File a Summary Suit under Order 37 of the Code of Civil Procedure 1908

3. If the cheque issuer happen to be a company, then you may also file a winding up petition under Section 433 of the Indian Companies Act 1956, after serving 21 days notice upon the company.

Sunil Goel,

advocate

Re: fail to pay

Sec 138 Negotiable Instruments Act or/and by remedy of Civil suit.

Re: fail to pay

You can file a complaint before court under sec 138 NI Act against the cheque issuer.

Re: fail to pay

The drawee has two remedies - criminal action under Negotiable Instruments Act; and civil suit for recovery under law of contract.

In both the situations it is imperative that the drawee is entitled to receive money represented by the cheque as a valid 'consideration'.