Legal Question in Credit and Debt Law in India

I have given loan of 11 lakhs against promissory note and cheque as party not paid according to promised date I have deposited cheques and approached a advocate along with bounced cheques ,he sent notice with out telling me after 45 days we are bound to give criminal case under 138 as I am suffering with heart desease I cannot take tension, I want to know if I am not filing case then what will happen? Another question if I file case for this bounced cheque recovery under 138 how much time it will take for finalization of case ,I am from Bangalore. Kindly advice.

Asked on 10/27/11, 8:33 pm

Shrichand Nahar S.V.Nahar, Advocate

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A case u/s.138 is not for recovery of amount. It is a criminal case to punish the offender for the offence committed.

For recovery, one need to file a civil suit.

Answered on 10/31/11, 12:56 am

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