Dishonor of Negotiable Instrument
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.
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.
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