Can I file both a criminal and civil case for a bounced cheque?

Yes, you can pursue both a criminal complaint under Section 138 and a civil recovery suit for the same bounced cheque. The two remedies serve different purposes — the criminal case punishes the offence, while the civil suit helps you recover the money with interest.

Key points

• A Section 138 criminal complaint and a civil recovery suit can run in parallel.
• The criminal case focuses on the offence of dishonour; the civil suit focuses on recovering the debt.
• A civil suit can also claim interest and costs on the amount owed.
• A summary suit for recovery is often faster where the debt is based on a written instrument like a cheque.
• Success in one proceeding does not automatically bar the other.

Relevant law

The criminal remedy is under Section 138 of the Negotiable Instruments Act, 1881. The civil recovery suit is filed under the Code of Civil Procedure, 1908, and a cheque-based claim can often be pursued as a summary suit under Order XXXVII CPC.

What you can do

• File the Section 138 complaint within the statutory timeline before the Magistrate in Ghaziabad.
• Separately file a civil recovery suit (often as a summary suit) to recover the amount with interest.
• Preserve the cheque, return memo, and demand notice for both proceedings.
• Consult a lawyer in Ghaziabad to coordinate the criminal and civil actions.