Civil Suit on Unsettled Cheque
cpc general intermediate case_analysisMeet Rohan and Aarav, friends since college days. Aarav's uncle, an NRI, gifted Rohan ₹5 lakhs for his wedding expenses, but only on the condition that he'd clear his college fees first. They agreed Aarav's uncle would pay when Rohan clears the fees. Rohan did, but Aarav's uncle wrote a cheque from an account that was already frozen. The cheque bounced three times, with each instance being deposited on a different date, but all being returned as NSF.
Last deposit was made on 18 March 2020. On 22 April, Aarav's uncle filed a petition in the NCLT to settle creditors. Rohan still hasn't received his money. What legal remedy applies here for Rohan?
3 Comments
Maine padha hai ki civil suit ka ek vikalp hain kuch aise case jo unsettled cheque ke hain, jab bank cheques ko dishonour kar deti hai. Lekin, ye samajhna mahatvapurn hai ki aam taur par dishonour ke case ko criminal law ke under solve kiya jaata hai, na ki civil.
Arre yaar, clarification ki zaroorat hai, kya? Cheque bina settlement ke civil suit file karne ke liye, cheques and Dishonour Act 1881 ka use kiya ja sakta hai. Section 138 mein likha hai ki cheques par signed krne ke baad, bina kisi vajah ke, dishonoured hota hai, toh issuer ko jail ya fine ki zaroorat pad sakti hai. Toh, yeh civil suit ka koi direct nahi link hai.
Maine suna hai ki civil suit on unsettled cheque ke liye kanooni karyanvayan ki aavashyakta hoti hai (Section 138 of Negotiable Instruments Act). Lekin mujhe yeh lagta hai ki police complaint bhi aavashyak hai, kyunki ismein IPC Section 477A (forgery) ka upyog ho sakta hai. Agar koi shak hai, to please bataye.