SEC 138 OF N.I ACT
Querist :
Anonymous
(Querist) 23 November 2009
This query is : Resolved
IF A PERSON DEPOSIT THE AMOUNT OF CHEQUE IN THE COURT(WHICH WAS DISHONORED/BOUNCED),CAN THAT PERSON STILL BE PUNISHED UNDER CRIMINAL CASE FILED UNDER SECTION 138 OF N.I ACT ?
Raj Kumar Makkad
(Expert) 23 November 2009
Yes. But it shall be better if the amount is deposited subject to return of the cheque.
Sachin Bhatia
(Expert) 23 November 2009
It is discretionary power of the court.
Moreover it also depends on what stage you deposite the amount.
Nikhilesh Bhagi
(Expert) 23 November 2009
Yes,
Because the offence has been committed. However the court can consider the conduct of accused while deciding complaint.
Kamal Grover
(Expert) 23 November 2009
DEPENDS UPON STAGE. If u have not file the reply then u can take the plea that u was ready. then court may leave u else usually court made the fine. Else u have to compromise with other party then this case can be dismissed as withdrawn.
Regards
adv.kamal.grover@gmail.com
A V Vishal
(Expert) 23 November 2009
Amendment of NI Act:
147. Offences to be compoundable.
1[147. Offences to be compoundable.
Notwithstanding anything contained in the Code of Criminal Procedure, 1973, (2 of 1974.) every offence punishable under this Act shall be compoundable.]
OBJECTS AND REASONS OF AMENDING ACT OF 2002
Keeping in view the recommendations of the Standing Committee on Finance and other representations, it has been decided to bring out, inter alia, the following amendments in the Negotiable Instruments, Act, 1881, namely:-
(iv) to prescribe procedure for dispensing with preliminary evidence of the complainant
(v) to prescribe procedure for servicing of summons to the accused or withness by the Court through speed post or empanelled private couriers;
(vi) to provide summary trial of the cases under the Act with a view to speeding up disposal of cases;
(vii) to make the offences under the Act compoundable;
1. Section 143 to 147 ins. by Act 55 of 2002, sec. 10 (w.e.f. 6-2-2003).
Raj Kumar Makkad
(Expert) 24 November 2009
I also agree with the common opinion of all experts on this simple and common issue.
Silabhadra Sastry Advocate
(Expert) 24 November 2009
Once payment is made in court, the case has to be closed and withdrawn by the complainant u/s 257 of Cr.PC, but if the complainant does not want to withdraw the case then the punishment part will remain,it is the discrition of court to decide the case on merit and conduct of the accused.
Gulshan Tanwar
(Expert) 18 July 2010
The whole NI Act is based on single word "compoundable"..... what to say more about the same. Else NI Act can give nightmares to everyone who is holding a negotiable instrument, even government will be beware of it.
