Asked August 03, 2013

Dishonor of Negotiable Instrument

  • 1 Answer

I have a case in which a promissory note as a negotiable instrument was dishonored. So in which court the suit should be filed ? please specify hierarchial name of the court. And under which provision specifically of the civil procedure code.

Answer 1

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Rishabh Amber

The concerned suit can be filed in the court of Judicial Magistrate of 1st Class. Further, on the dishonour, one can file a suit for recovery of the  amount along with the cost & interest under order XXXVII of Code of Civil Procedure 1908 ( which is a summary procedure and) can also file a Criminal Complaint u/s 138 of Negotiable Instrument Act for punishment to the signatory  for having committed an offence. However, before filing the said complaint a statutory notice is liable to be given to the other party.

Agree Comment 0 Agrees over 8 years ago

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