Yes, we can file suit in a simultaneous manner under section 138 of the Negotiation instrument act and order XXXVII of the CPC.
Overview
As in the Negotiation Instrument Act, section 138 provides a legal right that is punishable and compoundable. In which we can file a suit against such a person who fails to return the debt money and the promissory notes in the time limit as given. In this section, the Law speaks about the dishonor cheques, where it means that the cheque is not honored by the bank to receive the money due to any one of either reasons, unavailability of money in the respective account, or the excess amount in the cheque. Whereas the order issued by the Court under the provision of rule 37 of CPC, speaks about the speedy recovery of summary money of debt, hundies, promissory notes, liquidated damages of money in a specific period of time and it is also considered as the law without listening to the defendant.
Applicability
These suits can be entertained by the High Courts, city civil courts, the court of small causes, or any other Court notified by the High Court. And the high court can also direct the small court according to their own jurisdiction to deal with the matter.
As I have explained above that on which matters these suits can be filed. There are very limited and specific matters like the bill of exchange, hundies, promissory notes, recovery of money cases, and the liquidated demand in money payable by the defendant.
Important fact
As it is now clear that both the provision can go along in the same proceeding. Then a question may come to mind that “what about the filing of original documents in the other petition.” Here we are not required to submit the original document in filing if they are already filed under 138 or 37. We can only write that the document is already submitted under 138 or 37.
Time limit
The time limit to file a complaint under order 37 of the CPC is 3 years within the offence had happened. Whereas under section 138 is within the 30 days after the expiry of the 15 days period expiry of the 15 days period given to return the money.
