Cheque dishonour
Querist :
Anonymous
(Querist) 21 July 2011
This query is : Resolved
Dear all,
My company has filed a case under section 138 of N.I.Act for recovery of sum of RS. 1,40,000/- , after issuance of summon accused persons did not appear before the Ld. Magistrate and court was pleased to issue bailable warrant against the accused persons , having come to know that said person has approached us and want to settle the dispute out of court and they will issue 7 Post dated cheque for Rs. 20,000/- as they are not in sound financial position and further asked to not to withdraw the case until the payment is made clear, just linger the case.
So, query is if I accept their offer and after clearing one cheque is the second one is bounced again, will the accepatance of first cheque prejudice my instant case? Kindly advice what should I do as I am interested to settle the dispute out of court.
DEFENSE ADVOCATE.-firmaction@g
(Expert) 21 July 2011
Settlement is always better in cheque bounce cases otherwise otherwise than harassment you can not do much to the accused.
Querist :
Anonymous
(Querist) 21 July 2011
Settlement is always better but sir that is not an one time settlement, if after clearing the first cheque second one is bounce than will that prejudice my case on the ground that when the matter is subjudice I have accepted a payment. please confirm and advice.
ajay sethi
(Expert) 21 July 2011
generally in case you file consent terms court asks you to withdraw the complaint . in the present case you are not filing consent terms but merely taking adjournments till final payment is made . instead of taking 7 post dated cheques better take demand drafts of 20,000 every month .
in the event you take cheques and cheque bounces it will not prejudicially affcect your case . it is always better to settle case
Querist :
Anonymous
(Querist) 21 July 2011
What should I do if the accused persons are not willing to give Demand Draft, in that circumstances should I accept post dated cheque. I am afraid that their posibility that after clearing 1 or 2 cheques next one may bounced, in that event can I proceed the instant case?
Querist :
Anonymous
(Querist) 21 July 2011
so that means I can not proceed the instant case.
THANKACHAN V P
(Expert) 21 July 2011
Any way complaint is pending before the court and the accused is willing issue another 7 cheques for 140,000/. So you will be in a good position than before.Don't hesitate to receive cheques if the court allows time evidence. Wait for all the 7 cheques are cleared.Then only you need to withdraw the complaint or you can proceed with the case.It is not advisable to withdraw complaint because you will have to start from beginning with the bounced cheques.
Advocate Bhartesh goyal
(Expert) 21 July 2011
MR THANKACHAN VP is right don't withdraw the case till realisation of all cheques.
Ajay Bansal
(Expert) 25 July 2011
See A.I.R. Manuals etc.
Querist :
Anonymous
(Querist) 25 July 2011
I am not thinking about the withdrawal of the case and the accused persons are not also asking me to withdraw the case before realization of whole due, I am concern about the only thing that after clearing one cheque if, subsequent cheques are again dishonoure than, will the clearence/payment of one cheque is prejudicial to my right in the case already pending? If there is any citation kindly mention to help me out.
Querist :
Anonymous
(Querist) 25 July 2011
No my question was whether in that event can proceed the criminal case already filed, without raising further dispute regarding further cheque bounce. I can file a fresh case that I have understood but I want proceed with the already filed case with the same prayer as earlier , can I?
Please reply.
