...Ballur Village. Mere filing of the suits for recovery of the money and complaint filed under Section 138 of the NI Act by itself is no ground to quash the proceedings in the complaints filed...the appellant has filed complaint for the offence under Section 138 of the Negotiable Instruments Act, 1881, the appellant has joined in the sale deed for lands covered by Survey Nos. 115 and...petitions filed by the respondent-accused under Section 482 CrPC and quashed the complaint bearing PCR No. 12317 of 2013 filed before the IVth ACMM, Bangalore, and complaint bearing PCR No. 14420 of...

...request to the police to interfere in the financial transactions. It is also submitted by respondents 3 to 5 that for recovery of money and prosecution under Section 138 of...petitioner contends that the 2 nd respondent is involved in a purely civil dispute, namely, financial transaction between the petitioner and respondents 3 to 5. The petitioner submits that he had availed of...submits that he had availed of finance from respondents 3 to 5 on the strength of cheques and promissory notes. On settling the aforesaid amount, he had sought for return of the cheques and promissory...

....9. It was submitted that the nature of the proceedings under Section 138 of the N.I. Act is primarily compensatory in nature and the punitive element is incorporated at enforcing the compensatory provisions. Therefore, once recovery is made partly by the receipt of money and.... Ranga Karkere, (2015) 15 SCC 748.]C. The nature of proceedings under Section 138 of the N.I. Act is primarily compensatory and the punitive element is incorporated at enforcing the compensatory provisions. (paras 53 & 63 resply in P. Mohanraj v. Shah Brothers Ispat Private Limited reported in (2021) 6 SCC 258). Therefore, once recovery is made, partly by receipt of money and...filed in the Court of Chief Metropolitan Magistrate, Saket Courts, New Delhi, under Section 190 of the Criminal Procedure Code, 1973, read with Section 138, Section 141 and Section 142...

...submitted that since there is no recovery of money, the proceedings under Section 138 of Negotiable Act would apply and that it would not amount to double jeopardy...out by the learned legal aid counsel in the present case, there is no recovery of money. Since there is no recovery of money and criminal offence is made out, the proceedings invoking Section 138 of the...complaint under section 138 of the Negotiable Instruments Act and the same has been taken cognizance in C.C No. 370...

...proceedings at the instance of the complainant affects the maintainability of the complaint filed against her for an offence punishable under Section 138 of the Act.9. It is elementary that the civil proceedings or arbitration proceedings for recovery of money and the...Section 138 of the Negotiable Instruments Act, 1881 (hereinafter referred to as ‘the Act’).3. The material...complaint contains necessary averments to attract an offence punishable under Section 138 of the Act. There is no merit in the contention of the petitioner that the averments in Annexure-A complaint do not...

...Section 138 of N.I.Act. 3. The learned counsel for the petitioner further submitted that if the complainant succeeds in the suit for recovery of money then the petitioner will sufferance twice. 4. This Court is unable to countenance and submits...should be tested and proved before the trial court. The pendency of the civil suit for the recovery of money will not disprove or debar the holder of the... O R D E R The petition is filed to quash the private complaint arising out of Section 138 of N.I. Act...

...the entire amount has been settled. In respect of the very same, the respondent also filed the suit before the Civil Court for recovery of money. Therefore, the present complaint is not at all maintainable under Section 138 of Negotiable Instruments Act and prayed...Section 138 of Negotiable Instruments Act. As such he prayed for dismissal of the quash petition.4. Heard the learned counsel from both sides.5. It is seen that all the...of Cr.P.C. Further, it is seen that after receipt of statutory notice to the petitioner under Section 138 of...

...proceedings against the respondent-complainant and her husband under section 138 of the Negotiable Instruments Act for recovery of money. There are allegations and counter...action contemplated by petitioner and other directors of M/s. S.N Finance Limited to attach the properties of respondent-complainant and her husband to repay money to depositors. The petitioner was one...namely P.S Murali and the husband of respondent-Complainant were the erstwhile directors of a company called “M/s. S.N Finance Limited.” Both of them were active directors of the company. There were...

...one hand recovery suit has been filed, whereas on the other proceeding under Section 138 of the Electricity Act is also pending consideration, and therefore, both the proceedings cannot go together. The trial Court has rejected the aforesaid contention on the premise that suit filed for recovery of money is...of civil nature and has no correlation with the criminal liability pending decision in the proceedings under Section 138...6.5.14 passed by Second ADJ, Gohad, Distt. Bhind. Petitioners' application under Section 151 of CPC has been rejected.Petitioners had a grievance before the trial Court that though on the...

...proceed further in the absence of the physical arrest or custodial investigation of the applicant/accused. Moreover, the recovery of money from the applicant/accused, if any is not the function of the investigating agency which has otherwise been stated by the investigating officer. The complainant has already filed a complaint under Section 138 of NI Act and 2...." 4. Once it has been categorically observed that recovery of money from the petitioner, if any, is not the function of investigating agency and for bouncing of cheque, complaint under Section 138 of...under Section 482 of the BNSS vide order dated 03.12.2025 passed by learned Additional Sessions Judge, Ludhiana (Annexure P-5) in relation to FIR No.152 dated 30.10.2025, under Sections 316(2) and...

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...obtained promissory notes and cheques from the petitioner. Subsequently, the promissory notes were filled up in different name and initiated the proceedings under Section 138 of the Negotiable Instruments Act and also filed a suit for recovery of money. https...time of borrowal and the same were filled up by some other person and proceedings were initiated under Section 138 of the Negotiable Instruments Act and the suit for recovery of money. Therefore, the..., Madurai, thereby dismissing the petition filed seeking of direction under Section 156(3) Cr.P.C. 2.The petitioner lodged a complaint for direction under Section 156(3) Cr.P.C, as against the respondents...

...passed in Crl.MC. No.2345/2015 by the Kerala High Court, wherein the Kerala High Court made an observation at para Nos.19 to 21 that mere filing the suits for recovery of the money and complaint filed under Section 138 of...complainant has not made out any grounds with dishonest intention the incomplete cheque was issued and hence, it requires interference of this Court by exercising power under Section 482 of Cr.P.C. The learned...Ram Biraji Devi and Another vs. Umesh Kumar Singh and Another reported in (2006) 6 SCC 669 and brought to notice paragraph Nos.9 to 11 with regard to exercising of power under Section 482 of Cr.P.C...

...proceeding for divorce in civil court and for offences of cruelty in criminal court; in probate proceedings and criminal action for forgery and proceedings for recovery of money through civil suit and prosecution for offence under Section 138 of...petitioners had by fraudulent representations and false affidavit, secured allotments of property under the Punjab Security of...seeking for directions that some allotments made under the Act were fraudulent and seeking for cancellation of such allotments. A Division Bench of this Court had passed an order directing an...

...the cheques given for security, this case is filed. When there is mortgage by deposit of title deeds executed is in force, the respondent can always file a civil suit for recovery of money. Filing of the criminal complaint under Section 138 (b) and 142.... Petitioner Sivasangari and her husband Kumaravel had also executed mortgage by deposit of title deeds on 29.11.2017. At the time of lending the money, respondent also secured blank cheques as security. Using... 3/7 the amount, the case instituted under Section 138 of the Negotiable Instruments Act cannot be maintainable. In the...

...for security, this case is filed. When there is mortgage by deposit of title deeds executed is in force, the respondent can always file a civil suit for recovery of money. Filing of the criminal complaint under Section 138 (b) and 142... that since there is an existing and enforceable mortgage is available to recover the amount, the case instituted under Section 138 of the...out a case for proceeding against the petitioner under Section 138 of the Negotiable Instruments Act. 6.In this view of the matter, this Court finds no merits in this petition. Therefore, this...

...it is not permissible for the High Court to record any findings, wherever there are factual disputes. It has been further held that mere filing of the suits for recovery of the money and complaint filed under Section 138 of...Section 420 read with 34 I.P.C.6. During the enquiry under Section 202 of the Code, the complainant and Sushit were examined. In the sworn statement, the complainant...allegations in the complaint were of civil nature and ingredients of an offence under Section 420 were not made out. This decision has no application to the facts of the present case.16...

...been dishonoured by 'stop-payment', where the specific remedy is available under Section 138 N.I. Act, 1881. 9. In view of above, the dispute, if any, is of financial transactions and of the dishonour of the cheques. There is statutory remedy available for the recovery of money in...10.6.2025, passed by learned CJM, Mau in Criminal Misc.Application No.639 of 2025 titled Anand Basotia vs. Mukesh Rajbhar and others, under Section 173(4) of BNSS, 2023, Police Station...were not paid and returned as 'unpaid'. Hence, the revisionist has filed an application under Section 175 (3) BNSS, 2023 before the trial court. The revisionist further relied that as per report of...

...the step of instituting a civil suit for the purpose of recovery of money of the very sum and the Court decreeing the suit even at a later point in time, would bar setting criminal law into motion for the offence punishable under Section 138 of...No.III for the offence punishable under Section 138 of N.I. Act and issue SS to accused." The consideration of whether the complaint would be maintainable in the teeth of civil suit being pending for recovery of money need...motion. Those were not the cases where the Apex Court considered the purport of simultaneous sustenance of both the proceedings for recovery of money and for offence under Section 138 of the Act. It...

...petitioner also submitted that the complainant has also filed a civil suit for recovery of the money on the basis of the said cheque. 57. Section 138 of N.I. Act and civil.... Hence, the matter is heard on merits and is being disposed off by this order. 2. The respondent herein has lodged a complaint under Section 200 of Cr.P.C.... against the petitioner for the offence punishable under Section 138 of Negotiable Instruments Act (hereinafter referred...