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Legal Notice for Cheque Dishonour, Check dishonor
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138 N. I. Act Complaint and Money Recovery Suit Page1 Page2 Page3
Section 138 N. I. Act Complaint and Money Recovery Suit Page - 2
Q5. What is the difference between award of amount / punishment between Criminal Complaint under Section 138 of Negotiable Instrument Act, Simple Money Suit and Money Suit under Order 37 of the C.P.C.?
A.
In Criminal Complaint under Section 138 of Negotiable Instrument Act, the Court can punish the Drawer of the Cheque for (i) maximum imprisonment of two years, or with (ii) fine which may extent to twice the amount of the cheque, or (iii) with both. In Simple Money Suit, the Court can Order the Drawer of the Cheque to Pay (i) the amount involved in the Cheque, along with (ii) Interest (agreed or as per law) from the date of the cheque to the date of the suit, (iii) Interest as per law from the date of the suit to the date of decree, and (iv) Interest as per law from the date of decree to the date of realization of the amount by the holder of the Cheque. In Money Suit under Order 37 of the C.P.C., the Court can Order the Drawer of the Cheque to Pay (i) the amount involved in the Cheque, along with (ii) Interest as per law from the date of the suit to the date of decree.Q6. What is the Cost involved in the filing and Prosecution of the Criminal Complaint under Section 138 of Negotiable Instrument Act?
A.
In Criminal Complaint under Section 138 of Negotiable Instrument Act, following Costs are involved: -
Approx. Rs. 100/- by way of small-small Court Fee during the filing and prosecution of the whole case. Expenses of Legal Documentation Advocate Fee Expenses for Summoning of Accused Expenses for Summoning of Witnesses Any Cost / Penalty imposed by the CourtQ7. What is the Cost involved in the filing and Prosecution of Simple Money Suit / Money Suit under Order 37 of the C.P.C.?
A.
In Simple Money Suit / Money Suit under Order 37 of the C.P.C. following costs are involved: -
Court Fee ranging from 1.25% to 10% of the dishonored (dishonoured, bounced) cheque amount depending upon amount involved in the cheque and from State to State within India. Expenses of Legal Documentation Advocate Fee Expenses for Summoning of Accused Expenses for Summoning of Witnesses Any Cost / Penalty imposed by the Court Execution Application Fee.Read further ... Page 3 of 138 N. I. Act Complaint and Money Recovery Suit
Credit Card, Cheque Dishonour Case Law
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Last Updated: 18 July 2010