Cheque bounce

shreepad (Querist) 03 September 2015 This query is : Resolved
Hi, Good Noon Sir...

We received the summons from 10th JMFC-Aurangabad with regard to SCC.No.3196/2015 and SCC.No1934/2015 on July 1st week , the said cases filed by one Mr.Revan Prabhuppa Bhumkar against Nandi valley winery.

Immediately i suggested to My client Nandi valley winery Represented by Sri. K. Suryanarayana Raju to compromise the case within Next hearing date that is 22.07.2015.

According to that the same day we are spoken with Complainant Mr.Revan Prabhuppa Bhumkar and his Advocate , through Telephone , both are agreed to with draw the matter if Bounced Cheque Amount of Rs.2,00,000/-paid.

The same was paid by the my Client through On line /RTGS to his A/C No.62092857488 on 21.07.2015. but till today,he dint with draw the case.

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adv. rajeev ( rajoo ) (Expert) 03 September 2015
Even after payment of cheque amount he can proceed with the case. Better to meet him personally and convince him to withdraw the case.

SAINATH DEVALLA (Expert) 03 September 2015
Did U take the assistance of a lawyer when U wanted to make a compromise with the complainant.The payment and the withdrawl of the case should have been done accross the table.U should have insisted for the withdrawal petition along with form 257.

When U made the online transfer what were the remarks U mentioned for the transfer?That's important.When is the next hearing date?Even had he submitted the withdrawl petition as not pressed,it will be disposed off only on the next hearing.Find out from the concerned court whether the withdrawal petition has been submitted by the complainant.

shreepad (Querist) 03 September 2015
he is not ready to withdraw the case, after receive the payment through on line, now is telling that that is only towards Mental pain,physical pain, plus legal expenses. now please arrange the for principal amount.

we are from Bangalore, case lodge in aurangabad.

SAINATH DEVALLA (Expert) 03 September 2015
U have blindly fallen into his trap by transferring the money.The RTGS transaction done may be useful in future.Keep a bank statement and the transaction receipt.

But what way are U concerned with the case when Mr.Suryanarayana Raju is the accused?

shreepad (Querist) 03 September 2015
suryanarayana -accused person. im a company legal executive. due to his personal problems and hospitalized, hence i suggest to compromise the case. he is unable to come to the court.

please suggest me how to tackle. how to inform the court? can we send details thorough post to concerned magistrate?

Rajendra K Goyal (Expert) 03 September 2015
Bring the fact of payment in the knowledge of the Court.

Mere payment may not dismiss the case.

Try to have amicable settlement.

SAINATH DEVALLA (Expert) 03 September 2015
Payment made by U to the complainant,will be accepted by the court only if it done towards clearing the cheque amount, U have to establish it.Or else the amount is as good as wasted.
I asked U the purpose(remarks) of payment U mentioned while transferring through RTGS and also the next date of hearing, U have not replied for that.

shreepad (Querist) 05 September 2015
sir, please refer any advocate in Aurngabad. to represent the above case mentioned. already bounced amount given, he dint file withdraw application till today.