I agree with Mr. A. Prakash.
It is often a very frustrating experience to file a suit u/s 138 of the NI Act for recovering the amount of bounced cheque.
Absence of the defendant/s, repeated adjournments sought by the advocates, non-service of summons and also the warrants (defendants change the address and warrants could not be served) are the main reasons. Sometimes the local police are also parties in such cases of non-serviceability of the summons or warrants.
Better method is to take an acknowledgement of debt (balance confirmation letter) from the party who owes you money and file what is called a "summary suit" in the civil court, under which recovery of principal is perhaps faster.
From India, Pune
51It is often a very frustrating experience to file a suit u/s 138 of the NI Act for recovering the amount of bounced cheque.
Absence of the defendant/s, repeated adjournments sought by the advocates, non-service of summons and also the warrants (defendants change the address and warrants could not be served) are the main reasons. Sometimes the local police are also parties in such cases of non-serviceability of the summons or warrants.
Better method is to take an acknowledgement of debt (balance confirmation letter) from the party who owes you money and file what is called a "summary suit" in the civil court, under which recovery of principal is perhaps faster.
From India, Pune
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