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
3 Answers from Attorneys
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.
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.
Re: section 138 to 142
Proceed u/s 138 NI Act. both proceedings are different.
Related Questions & Answers
-
Being financially cheated & cheque bounce sir, i have advanced an amount of... Asked 8/03/08, 4:08 pm in India Criminal Law
-
Pls advice me I do hereby request his goodself to be kind enough to give me a guide... Asked 8/03/08, 11:20 am in India Criminal Law
-
Outside Interference in Legal Matters I have an ongoing legal proceedings against a... Asked 8/03/08, 3:34 am in India Criminal Law
-
Combing What is combing operation?Something related with Police force in India. Asked 8/01/08, 4:23 am in India Criminal Law
-
D V Act, criminal law, 498a married since 2 years;relations between self and wife... Asked 8/01/08, 12:23 am in India Criminal Law