--- title: "Can Complaint under Section 138 of NI Act and Summary suit under order 37 of CPC be filed simultaneously?" description: "Can Complaint under Section 138 of NI Act and Summary suit under order 37 of CPC be filed simultaneously?" author: "Lily Chitlangiya" published: 2021-11-29 canonical: https://answers.mindstick.com/qa/94214/can-complaint-under-section-138-of-ni-act-and-summary-suit-under-order-37-of-cpc-be-filed-simultaneously category: "law & legal issues" tags: ["laws", "laws and legal issues"] reading_time: 3 minutes --- # Can Complaint under Section 138 of NI Act and Summary suit under order 37 of CPC be filed simultaneously? Can Complaint under Section 138 of NI Act and [Summary suit under order](https://answers.mindstick.com/qa/94207/is-leave-to-defend-available-for-defendant-in-case-of-the-summary-suit-under-order-37) 37 of CPC be filed simultaneously? \ ## Answers ### Answer by Sanjay Goenka **Yes**, we can file suit **in a simultaneous manner under [section 138 of the Negotiation instrument act](https://answers.mindstick.com/qa/94212/what-is-the-time-limit-for-filing-a-complaint-under-section-138-of-the-negotiable-instruments-act-in-the-court-of-magistrate) and [order XXXVII of the CPC.](https://answers.mindstick.com/qa/94206/what-is-the-difference-between-complaint-under-section-138-of-ni-act-and-summary-suit-under-order-37-of-cpc)\** \ ![Can Complaint under Section 138 of NI Act and Summary suit under order 37 of CPC be filed simultaneously?](https://answers.mindstick.com/questionanswer/1483ab69-41e5-4189-b26f-b65ae8bcbd3f/images/5a357302-3738-478e-bec4-ac0c3c74f4ec.jpeg)\ \ **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](https://www.mindstick.com/forum/33860/how-to-calculate-column-summary-in-sql-server) 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](https://answers.mindstick.com/qa/32899/what-is-indian-high-courts-act-1861), 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.** \ --- Original Source: https://answers.mindstick.com/qa/94214/can-complaint-under-section-138-of-ni-act-and-summary-suit-under-order-37-of-cpc-be-filed-simultaneously Copyright © MindStick Software Pvt. Ltd. This Markdown version is provided for developers, AI systems, and offline reading.