Negotiable instruments act

Chejarla Madhusudhana Raju (Querist) 15 September 2014 This query is : Resolved
Dear Experts, If any accused pays the entire amount due under the cheque to the complainant in a civil suit will he is entitled for acquittal in Summary Trial Case pending before any First Class Magistrate Court.

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ARPIT KUMAR OSWAL (Expert) 15 September 2014
It is always after commission of crime.... therefore sympathetic view may be taken by court while pronouncement of judgment but this is not a ground for acquittal..
However matter may be compromised if mutually agreed....

Advocate Bhartesh goyal (Expert) 16 September 2014
No,accused can not be absolved on the ground that he has paid the cheque amount in recovery suit.Court can consider this ground on the point of punishment.

Devajyoti Barman (Expert) 16 September 2014
Payment of money does not absolve him from offence committed under 138 NI Act.

Rajendra K Goyal (Expert) 16 September 2014
Agree with the expert.

ajay sethi (Expert) 16 September 2014
agree with experts

T. Kalaiselvan, Advocate (Expert) 24 September 2014
Agree with experts, he cannot claim it as a right.

Advocate. Arunagiri (Expert) 24 September 2014
If you have paid the consideration amount based on a memo of compromise to withdraw all the pending cases, you can get discharged, by producing this memo.

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