Law4u - Made in India

Can a cheque bounce case be filed simultaneously with a civil suit?

24-Jan-2025
Cheque Bounce

Answer By law4u team

Yes, a cheque bounce case can be filed simultaneously with a civil suit, as they are distinct legal remedies under Indian law. Cheque Bounce Case under Section 138 of the Negotiable Instruments Act, 1881: This is a criminal case aimed at punishing the drawer of the dishonored cheque. The primary remedy is penal in nature, which may result in imprisonment (up to 2 years) and/or a fine up to twice the cheque amount. Additionally, the court can direct the drawer to pay compensation to the payee. Civil Suit for Recovery: A civil suit can be filed separately for the recovery of the cheque amount, along with any additional damages or interest. The objective is to obtain a decree for the repayment of the dishonored amount. Simultaneous Filing Allowed: The remedies are not mutually exclusive, as the criminal case focuses on punishing the offender, while the civil suit addresses financial recovery. The Supreme Court of India has clarified that filing both cases simultaneously does not constitute double jeopardy under Article 20(2) of the Indian Constitution. Key Points to Consider: Jurisdiction: The cheque bounce case must be filed in the court with jurisdiction over the location where the bank of the payee is situated. The civil suit is filed in a civil court based on the monetary value of the claim and the territorial jurisdiction. Timeline: A cheque bounce case under Section 138 has strict timelines for issuing notices and filing complaints. A civil suit can be filed within the general limitation period of 3 years from the date of default. Outcome: Winning a cheque bounce case does not automatically recover the money; enforcement depends on the court’s directions. A decree in the civil suit ensures monetary recovery through execution proceedings. Practical Approach: Many parties opt for out-of-court settlements during these proceedings, especially when both remedies are pursued simultaneously, to avoid prolonged litigation. Conclusion: It is legally permissible to file both a cheque bounce case and a civil suit simultaneously. However, pursuing both can involve additional costs and time. It is advisable to consult a lawyer to determine the most effective strategy based on the circumstances.

Answer By Siddharth Srivastav

If civil case is filed first then thereafter criminal case on same cause cannot be filed being barred under CPC but if criminal case is filed first then thereafter civil case can be filed for recovery.

Cheque Bounce Verified Advocates

Get expert legal advice instantly.

Advocate Velmurugan V

Advocate Velmurugan V

Anticipatory Bail, Cheque Bounce, Child Custody, Civil, Consumer Court, Court Marriage, Criminal, Cyber Crime, Divorce, Documentation, Domestic Violence, Family, High Court, Landlord & Tenant, Media and Entertainment, Medical Negligence, Motor Accident, Patent, NCLT, R.T.I, RERA, Succession Certificate, Supreme Court, Trademark & Copyright, Tax, Wills Trusts, Revenue, Breach of Contract, Banking & Finance

Get Advice
Advocate Javed Akhtar

Advocate Javed Akhtar

Criminal, Civil, Revenue, Cheque Bounce, Domestic Violence

Get Advice
Advocate Vinay Gupta

Advocate Vinay Gupta

Court Marriage, Criminal, Divorce, Family, Insurance, Motor Accident, Recovery, Cheque Bounce, Consumer Court

Get Advice
Advocate Sidharth Sindhu

Advocate Sidharth Sindhu

Criminal,Cheque Bounce,Landlord & Tenant,Immigration,Domestic Violence,Family,Cyber Crime,Court Marriage,Civil,

Get Advice
Advocate Nandu Dangi

Advocate Nandu Dangi

Divorce, Domestic Violence, Cheque Bounce, Motor Accident, Anticipatory Bail

Get Advice
Advocate Jayesh Dulera

Advocate Jayesh Dulera

Anticipatory Bail, Cheque Bounce, Criminal, Domestic Violence, Cyber Crime, Divorce, Family, Property, Recovery, Succession Certificate, Revenue

Get Advice
Advocate Jayant Kumar Chaturvedi

Advocate Jayant Kumar Chaturvedi

Anticipatory Bail, Arbitration, Bankruptcy & Insolvency, Banking & Finance, Breach of Contract, Cheque Bounce, Child Custody, Civil, Consumer Court, Court Marriage, Criminal, Cyber Crime, Divorce, Documentation, GST, Domestic Violence, Family, High Court, Immigration, Insurance, Labour & Service, Landlord & Tenant, Medical Negligence, Motor Accident, Property, R.T.I, Recovery, RERA, Wills Trusts, Revenue

Get Advice
Advocate Dharmendra Singh

Advocate Dharmendra Singh

Civil,Criminal,Domestic Violence,Family,Revenue,Cheque Bounce,Anticipatory Bail,

Get Advice
Advocate Lawwiz Judicials

Advocate Lawwiz Judicials

Anticipatory Bail, Arbitration, Bankruptcy & Insolvency, Banking & Finance, Cheque Bounce, Civil, Consumer Court, Corporate, Criminal, High Court, NCLT, Patent, Property, Recovery, Supreme Court, Trademark & Copyright

Get Advice
Advocate Alibothu Santhosh Kumar

Advocate Alibothu Santhosh Kumar

Cheque Bounce, Anticipatory Bail, Criminal, Domestic Violence, Family

Get Advice

Cheque Bounce Related Questions

Discover clear and detailed answers to common questions about Breach of Contract. Learn about procedures and more in straightforward language.