• Cheque bounce case deposited against Pro Note Amount Recovery

Dear Sir,

We gave Rs. 4 Lakhs (1% Interest) to a Female Aged 43 on 16-Feb-2014. And Signed & Received a ProNote for that amount. We received a cheque date 22-Dec-2014 for amount 4.4 Lakhs & got bounced on 23-Dec-2014. We need to file 1 Criminal case for Cheque bounce & 1 Civil case to prove the Pro Note has been given by the party (For the Notice filed by the opposite party that they didn't give any pronote & Cheque to us). 

I need advice on the below,

1) If we are filing case under Money Recovery Summery Suit. What is the Money Limit for fling Summary Suit
2) Whether we need to file these cases in any Particular Court (ie, Sub / District / High Court) to recover the money as soon as possible
3) What are the ways to eliminate Vaaida / extension of case for not than 1 year
Asked 2 years ago in Civil Law from Virudhunagar, Tamil Nadu
First please mention as to the reason given by the bank for cheque bounce case. 

1. There is no limit in filing the suit but it varies from state to state. So check the rules notified by a particular high court for summay suit monetary jurisdiction.

2. If the high court has original jurisdiction then depending on the monetary jurisdiction, it will either be filed in high court or civil district court.
Shaveta Chaudhary (Sanghi)
Advocate, Chandigarh
821 Answers
60 Consultations
5.0 on 5.0
Hi, in the court there is a small cause court entertain the amount with in lack in Karnataka but for the jurisdiction of the Small cause court in Tamil Nadu you have to enquirer the local advocate.

2. You have to file the suit in the jurisdictional court only for filling the suit for recovery of the amount.

3. Hi, you have to request your advocate to dispose off the mater as soon as possible but it is difficult to say matter may be finished off within one year.
Pradeep Bharathipura
Advocate, Bangalore
4105 Answers
133 Consultations
4.3 on 5.0
1. Have you issued a lawyer's notice to the person who gave you the cheque? Note that a case for cheque bounce cannot be filed unless the notice subsequent to the bouncing of the cheque has been issued.

2. The court fee for filing the suit for recovery of money is not uniform throughout India. Only a local lawyer can tell you the exact amount of court fee, albeit for an amount of Rs.4.4 lakhs it is not likely to be more than 20,000.

3. The case is to be filed in the civil court.

4. The only way to limit the time to be consumed in the disposal of the case is by not seeking unnecessary adjournments.
Ashish Davessar
Advocate, Jaipur
18183 Answers
449 Consultations
5.0 on 5.0
1) there is no money limit for filing summary suit under order XXXVII of CPC 

2) it has to be filed in civil court which  has monetary jurisdiction to hear cases . only local lawyer can guide you 


3) summary suit wont be disposed of in one year . disposal of cases depend upon pendency of court cases in court wherein it has been filed
Ajay Sethi
Advocate, Mumbai
23339 Answers
1220 Consultations
5.0 on 5.0
1. You need to take license from appropriate authority for charging interest on the money lend by you,

2. However,you can file a case u/s138 of N.I.Act duly following the laid down procedure,

3. You can also file a Recovery Suit before your local civil ciurt claiming the amount lend by you with intereast, damage for mental agony etc. and legal and other cost.
Krishna Kishore Ganguly
Advocate, Kolkata
12131 Answers
233 Consultations
5.0 on 5.0
1) If we are filing case under Money Recovery Summery Suit. What is the Money Limit for fling Summary Suit
Opinion: There is no limit for filing Money Recovery suit but the case will be filed before Civil Judge, District Judge & High Court as per the pecuniary Jurisdiction.
 
2) Whether we need to file these cases in any Particular Court (ie, Sub / District / High Court) to recover the money as soon as possible.
Opinion: As above.

3) What are the ways to eliminate Vaaida / extension of case for not than 1 year
Opinion: the time limit for filing recovery of money suit is 3 years.
Nadeem Qureshi
Advocate, New Delhi
3537 Answers
130 Consultations
4.9 on 5.0
1) your cheque for Rs 4.40 lakhs has bounced . hence you can file summary suit to recover said amount 

2) it is true that summary suits are disposed of faster . cheque bouncing cases take years to be disposed of . however exact period for disposal would depend upon pendency of court cases . 

3)monetary jurisdiction depend upon amount sought to be recovered 

4)once you file summary suit defendant has to file appearance within 10 days . you have to take out summons for judgement thereafter . if defendant does not file his  reply on time object to adjournments being sought by defendants 

5) you cant file summary suit in HC if amount sought to be recovered is not within the original jurisdiction of HC . for instance in bombay only suits above crore can be filed in HC
Ajay Sethi
Advocate, Mumbai
23339 Answers
1220 Consultations
5.0 on 5.0
1. Any amount of money can be recovered by filing a lawsuit in the court. There is no cap on the recovery amount. Summary cases are decided in a more expeditious manner, albeit the exact time frame cannot be foretold as it depends on factors such as the pendency of cases in the concerned court, efficiency of judge, etc.

2. Small Causes Court deals mostly with criminal cases. You must ask a local lawyer if the small causes court can deal with your case.

3. You can minimize the time frame by opposing the unnecessary adjournments sought by the opposite party. 

4. The case can be filed directly in the HC only if the amount to be recovered is within the jurisdiction of the HC.
Ashish Davessar
Advocate, Jaipur
18183 Answers
449 Consultations
5.0 on 5.0
Hi, when the cheque amount is 4.40 lacks you can't file a suit in small cause court it is better you can file a civil suit and another thing is that no body will assure  you that  with in this time court may pass judgment.
Pradeep Bharathipura
Advocate, Bangalore
4105 Answers
133 Consultations
4.3 on 5.0
1, Yes. Your lawyer is right. You can file a Summary Suit for recovery of your amount of Rs.4.40 Lakhs,

2. You shall have to enquire abour your local arrangement for the financial limit of small cause court to hear matters,

3. You should be prepared with your evidence against the claim of the accused which you may come to know on receipt of his reply to your notice sent u/s138 of N.I.Act, since his defence will be the same in the said 138 case also. Your lawyer should vehemently protest any application of adjournment, if filed by the accused,

4. For recovering Rs.4.40 Lakhs only, you can not file recovery Suit before the High Court. Calcutta High Court will hear any such case involving amount of Rs.1Crore and above.
Krishna Kishore Ganguly
Advocate, Kolkata
12131 Answers
233 Consultations
5.0 on 5.0

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