09 November 2010
R/Experts I am representing accused in a complaint us 138 NI Act,after charge evidence has closed and accused statement us 313 crpc has also recorded,now case is fixed for 22 Nov for final argument,a compromise has been effected in between parties,we both side counsel prayed in the court that in view of compromise,complainant want to withdraw his complaint,but Ld Magistrate said that after taking cognizance and recording of after charge evidence now it is a state case and court declined our oral request and further asked (Orally)to deposit 10% amount I.E. Rs. 20000/- as compounding amount in view of latest judgment of Honeble apex court.Accused is not in a position to pay Rs. 20000/- as compounding fee/amount What we have to do in given circumstances.We suggest the court for Dismissal of the complaint on next day on the ground of absence of complainant,but court refused,kindly suggest as accused is very poor person,in this case i further realized that on the one side Courts/Govt are stressing for compromise via Lok Adalat and Mediation centers,even in civil suit court fee is also refunded in case of compromise,on the other hand in given case,court is adopting a contrary stand,its double standard policy as i think and is against judicial system. Regards
09 November 2010
The Supreme Court's decision is driven by the factum of huge pendency of cheque dishonour cases in India and the tendency of the accused to drag the cases for years and finally settle the amount just before the conclusion of the case. The court and the judicial system is taken for a ride and it is nothing but an abuse of process of law. Since the decision is by the Supreme Court, the Magistrate has no other option, except to insist for a fee as per the guidelines of the Supreme Court. For the benefit of members, find the judgment of the Supreme Court attached.
13 November 2010
The facts stated by querist Mr.Vinod Bansal requires some correction. First in Cheque bouncing case i.e. u/s 138 N.I.Act, Charge is not framed as it is summons procedure case.Plea is taken u/s 251 Cr.P.Code. Second it is not State case it is private complaint case. NOw I suggest Mr.Bansal to ask the Ld. Advocate of the Complainant to file an application u/s 257 Cr.P.Code for withdrawing of the case. NO magistrate can force the complainant to continue and proceed with the case. If the magistrate rejects the same then ask the prosecution to stop attending the court, then the case shall be dismissed u/s256 Cr.P.Code. If there is a will there is a way.