Negotiable Instrument Act

shahadat (Querist) 18 June 2016 This query is : Resolved
Hi. Trial court convinced the accused u/s 138 of N.I act. The accused deposited 50 % of cheque amount in the trial court for preferring appeal but did not fill appeal and in fact does not want to file. Accused wants to compromise. How can they do so? How can the complainant get the money deposited by the accused in trial court. Thanks

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Devajyoti Barman (Expert) 18 June 2016
The complainant can apply to get the money released.
The parties can compromise whereby in appeal the same can be allowed on consent.

adv.bharat @ PUNE (Expert) 18 June 2016
When both party were agreed to compromise then only COMPROMISE done.
To get money make application to court.

R.K Nanda (Expert) 19 June 2016
Nothing to add.

shahadat (Querist) 19 June 2016
Thanks a lot. Trial court asking to refer to him the law. He became functus officio having delivered the judgment. Can he order the release of deposited money on the same file?

shahadat (Querist) 20 June 2016
in the meantime the accused filed appeal before the high Court. To compound the case before high court will take time. That's why the complainant prefer to withdraw money by obtaining order from trial court.