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Discussion > Criminal Law > Cheques > 138 - Negotiable Instruments Act, (urgent)   Unanswered Threads Post New Topic

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There are 27 Replies to this message


Sunny Honey


Student
[ Scorecard : 281]
Posted On 08 December 2008 at 13:32 Report Abuse

1. Is section 138 of the Negotiable Instruments Act, 1881 compoundable, (if yes with/without the permission of the court ? Quote if possible recent citation of the Supreme Court on this matter. - Urgent reply needed.



2.Can the court force the complainant to compromise the case under section 138 N.I.Act, 1881 (Criminal complaint) if the accused agrees to pay of the amount involved by virtue of cheque, at a stage after the service of summons failed, after the warant of arrest fails to get executed, but before the process of proclamation is UNDERWAY ? If answer to the above said question is in the affirmative then, please quote the relevant textual matter,and recent supreme court citation on this matter, immediately, urgent reply NEEDED.



3.Please quote relevant judgements of the Apex court (preferably) on this matter, any recent judgement will be highly appreciated in this matter.



sunny


lawyer
[ Scorecard : 70]
Posted On 08 December 2008 at 21:35 Report Abuse









Yes 138  N.I. Act is compoundable. U  should  read  section  147 of 138 N.I Act


No. the  court  cant force the  complainant for compromise it  depends on  complainant


That  he    want   compromise    or not.



sunny


lawyer
[ Scorecard : 70]
Posted On 08 December 2008 at 21:35 Report Abuse









Yes 138  N.I. Act is compoundable. U  should  read  section  147 of  N.I Act


No. the  court  cant force the  complainant for compromise it  depends on  complainant


That  he    want   compromise    or not.



Ashvin Khambhata


advocate
[ Scorecard : 118]
Posted On 08 December 2008 at 23:14 Report Abuse

In series of judgements it is decided that offence u/s 138 of N.IAct  is a compoundable.Even at appeal stage compromise is possible.Now section 147 or 148 is self explanatory


Ashvin Khambhata Advocate


Ashvin Khambhata


advocate
[ Scorecard : 118]
Posted On 08 December 2008 at 23:14 Report Abuse

In series of judgements it is decided that offence u/s 138 of N.IAct  is a compoundable.Even at appeal stage compromise is possible.Now section 147 or 148 is self explanatory


Ashvin Khambhata Advocate


Sunny Honey


Student
[ Scorecard : 281]
Posted On 09 December 2008 at 10:13 Report Abuse

IS THE OFFENSE U/S 138 OF N.I.ACT, 1881, COMPOUNDABLE WITH/WITHOUT PERMISSION OF COURT ?


Sunny Honey


Student
[ Scorecard : 281]
Posted On 09 December 2008 at 10:14 Report Abuse

2.Can the court force the complainant to compromise the case under section 138 N.I.Act, 1881 (Criminal complaint) if the accused agrees to pay of the amount involved by virtue of cheque, at a stage after the service of summons failed, after the warant of arrest fails to get executed, but before the process of proclamation is UNDERWAY ? If answer to the above said question is in the affirmative then, please quote the relevant textual matter,and recent supreme court citation on this matter, immediately, urgent reply NEEDED.



3.Please quote relevant judgements of the Apex court (preferably) on this matter, any recent judgement will be highly appreciated in this matter.


Sunny Honey


Student
[ Scorecard : 281]
Posted On 09 December 2008 at 10:16 Report Abuse





Please quote relevant judgements of the Apex court (preferably) In this matter, any recent judgement will be highly appreciated.


Sunny Honey


Student
[ Scorecard : 281]
Posted On 09 December 2008 at 10:25 Report Abuse

As per legal view received from somebody, The High Court of Punjab & Haryana has advanced DIRECTIVES to the lower courts, that if the amount involved in the case pertaining to criminal complaint u/s 138 of N.I.Act, 1881, is less than or equal to 20000/- Rs, the court will declare the accused to be CONVICT, if he agrees to discharge the amount involved in the Cheque (which went dishonour), and will grant him PROBATION for a period ranging from 1-3 years, (as the case may be), and the court will itself arrive at CONCLUSION i.e. SUO  MOTO  COMPROMISE BETWEEN THE PARTIES.  - CAN THE DIRECTIVE FORCE THE CRIMINAL COMPLAINT TO BE ADJUDICATED BY VIRTUE OF SUE MOTO COMPROMISE TO BE ARRIVED AT BETWEEN THE ACCUSED AND COMPLAINANT BY THE COURT. - URGENT REPLY REQUIRED.  


POINT TO BE NOTED :-


COMPLAINANT DOES NOT WANT TO WITHDRAW THE CASE AND WANT TO TEACH THE ACCUSED A LESSON IN THE ABOVE CASE TO. 


Srinivas.B.S.S.T


Advocate
[ Scorecard : 9548]
Posted On 09 December 2008 at 12:28 Report Abuse

 I have never heard such directives. No court can force either party to the proceeding to withdraw. The court can only sugest compromise but cannot force. As far as my knowledge is concerned there are no such directives. 




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