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Author Topic: Cheque Bounce/Order 37 CPC  (Read 270 times)

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Offline Narayan99

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Cheque Bounce/Order 37 CPC
« on: August 21, 2018, 12:46:05 AM »
I have filed a case of cheque bounce under section NI 138 act in May 2014 @ Bhopal District Court which is completed about 4 years and case is still pending before the Magistrate whether can I also lodge the case under Order 37 CPC for the same cheque amount. Now the question arises the time limit for lodging Order 37 CPC is 3 years. In this case 4 years have been passed. Can I still lodge a Civil recovery suit under Order 37 CPC? Please let me know.

Offline advkartik

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Re: Cheque Bounce/Order 37 CPC
« Reply #1 on: August 21, 2018, 03:24:50 AM »
This is something you have to file with Condonation of delay application court may accept it if you can present your case with relevant supreme court judgments.

Offline Narayan99

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Re: Cheque Bounce/Order 37 CPC
« Reply #2 on: August 22, 2018, 09:13:03 PM »
Sir,

I recently came to know that the accused in my case is on Dialysis and he is in critical condition. Can I put this as a reason before the court to allow me to file a suit under order 37 CPC.

Thank you

Offline advjaibansal

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Re: Cheque Bounce/Order 37 CPC
« Reply #3 on: August 24, 2018, 07:22:41 PM »
there is a limitation for filing suit for recovery for three years. You have crossed the period of limitation and there is provision for condoning the delay in filing the suit for recovery in limitation act.
jai bansal
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Supreme Court of India
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Re: Cheque Bounce/Order 37 CPC
« Reply #3 on: August 24, 2018, 07:22:41 PM »

 

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