1) it is necessary to peruse consent terms signed by you
is there a caluse that in event cheques are dishonoured full RS 1.50 cr would be payable
whether consent terms are filed iun court ?
138 NI and Recovering Suit
I gave 1.50Cr to my cousin brother after her mother gave assurances while I was in Gulf they regularly visiting to Gulf and requested me to give all money in cash because of IT issues they need for personal use as they are facing some financial problem and I instructed to my family to give them cash to them in parts. In multiple transaction we used to pay them amount by way cash after withdrawing from the bank and it shows in the bank statement. After completing the requested amount My Cousin brother gave me 2 Blank date cheques of 75+75 Lakhs and one Promisery note of 1.50Cr. on Rs. 100. Stamp paper on his name. And assurance that I can withdrawal the amount after some time. Later When deposited the cheques in the Bank and banks says account is closed long time ago. After that I approached the Police and filed FIR complaint. In front of police, he said I stole cheques from his home and sign is fake. Then I filed 138NI. After few years they came for compromise as we are family. I respected and accepted in 50 lakhs in settlement. My cousin brother and her mother, both signed compromise deed and gave 5 cheques of 10 Lakhs each of different dates. Two cheques respected and three cheques bounced and later he sends a legal notice that as per agreement he gave amount in cash and cheques and I not return his remaining 3 cheques and not close the court cases. My question is ….. What are my chances for me in 138 NI …amount will be 1.50 or 30 lakhs????? What are my chances for me in Recovery Suit of 1.50, amount will be 1.50 or 30 lakhs???? Suggest me for further action. Thanks
Asked 1 day ago in Criminal Law
Religion: Muslim
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7 Answers
Firstly you have agreed to settle the matter by accepting Rs. 50 lakhs alone towards the lent amount of Rs. 1.50 crore, which seems to be unbelievable.
Secondly if you have agreed and accepted the cheque for Rs. 50 lakhs out of which three cheques were bounced, you can sue them for that remaining three cheques alone and not for the entire amount because you have already entered into a settlement agreement and accordingly he issue five cheques of Rs. 10 lakh each. If the cheque date is within three years now, you may file a money recovery suit and if the cheque is within three months you can file a cheque bounce case under section 138 NI act.
For Section 138 NI Act, your enforceable amount is likely ₹30 lakh, not ₹1.5 crore. The original cheques of ₹75 lakh each were dishonoured, but the later compromise deed reduced the settled liability to ₹50 lakh. Since two ₹10 lakh cheques were honoured, only three dishonoured cheques of ₹10 lakh remain. If the original 138 complaint for ₹1.5 crore is still pending and the compromise was not recorded or compounded in court, the court may proceed on the original cheques, but the compromise is a strong defence/novation. Practically, unless you prove the compromise was conditional and breached, 138 recovery is limited to ₹30 lakh plus compensation.
In a recovery suit for ₹1.5 crore, your chances of getting the full amount are low if the compromise deed accepted ₹50 lakh as full and final settlement. Courts usually treat such a deed as novation, so the claim is restricted to the unpaid balance—₹30 lakh—plus interest, if the deed is valid. You could claim ₹1.5 crore only if the compromise was conditional, he breached it, and you expressly reserved the right to revive the original debt. Cash loans require strong proof: bank withdrawals, promissory note, FIR, and the deed. Limitation is also critical; delay may bar the suit.
For further action, consult an advocate immediately. For the three bounced ₹10 lakh cheques, issue a statutory demand notice within 30 days of dishonour if not already done, then file Section 138 within the next 15 days to one month. For recovery, file a summary suit for ₹30 lakh balance under the compromise deed or Order XXXVII CPC, or sue for ₹1.5 crore only if advised that the compromise is invalid. Preserve bank statements, withdrawal slips, promissory note, compromise deed, cheque return memos, FIR, and notices. Also consider a cheating/breach of trust complaint for false assurances and the closed account.
Dear Sir/Madam,
After reading your query in brief, It can be suggested that you can go for 3 cheques dishonour cases amounting to 30 lakh as you have done compromise for Rs 1.50 Cr, the same can't be enforced. However, the more detailed suggestion can be given after knowing the contents of compromise deed.
Sir, as far as Sec.138 is concerned, you can only claim his legally enforceable liability. As per the settlement agreement, you had agreed for 50 lakhs in totality, out of which 20 lakhs have been received by you. The settlement deed is going to play a vital role in your litigation regarding the mode of payment, return of cheques, etc. In my opinion, you should go for the 138 case for remaining 20 lakhs amount upon settlement deed and simultaneously, you can file a civil recovery suit for 20 lakhs, as the settlement deed is there on which you have agreed for the amount of Rs. 50 lakhs in totality. However, you can file a private criminal complaint case before the concerned Magistrate Court for fraud, criminal breach of trust, cheating and claim the entire amount of ₹1.5 Crores from there as well along with the prayer for criminal action to be taken against your cousin. He may face jail time, of your perition is well drafted by an advocate who knows how to get it done. Good luck!
- Since, if there is is no proof of payment in cash , then you can file the complaint under 138 of N.I.Act and there is maximum chances to get you amount.
- Further on the ground of promissionary note , you can file a recovery suit before the Court , and there is also good chances to get the amount refund
- Further, you can also file a recovery suit for getting the amount of cheques within a short period of time.
- Remember that you will have to pay court fess for filing the civil suit i.e. recovery suit .
You can contact me, if further suggestion needed.
You have good chances to win both. Check whether they have some properties to which they can pay you if they lose. Also file a criminal case of cheating
