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Nagaraj Patel (proprietor)     04 August 2013

Cheque bounce-138nia-guilty

Respected Sir,

     I have filed a case(PCR) for 30L  against Mr.X under 138 of nai in the month of  April, I am having sufficient evidencess for 30L, He is asking for the settlement  out of the court, because this (August) month summons will be served  

Mr X  Knows that he is guilty, if it is proved in the honarable court, that Mr. X is guilty

what kind of punishment  Mr.X will get, and also any fine for him,  the punishment is guarentee.

Thanking you

Patel

 



Learning

 5 Replies

Anil Agrawal (Retired)     04 August 2013

What is IF?

Krishna Gulagari (LAWYER)     04 August 2013

If Mr.X request you for settlement of case out of court then it is advisable to settle the matter out of court. In case guilt is prove court may impose sentence up to two years. But you may not get the total amt as compensation.
1 Like

JAGDISH GUPTA (PARTNER)     05 August 2013

138 NIA is a bailable compoundable offence section. Accus ed person will apply for bail by submitting bail bonds and may plead not guilty in the court. Ultimately settlement will only be done because compounding is also settlement. Pressure is upto not getting bail or not appearing before the Magistrate in the court after getting summons for a fixed future date. After that he will start finding and exploring other remedies or excuses which shall be named his defences. Hope you understand.

1 Like

Sukhija (Advocate)     06 August 2013

what do u want, ur money or punishment to Mr X?

u decide first.

1 Like

Nagaraj Patel (proprietor)     07 August 2013

Respected Sir,

nice answered question for me

I want my money back is my first prefarance , because it is a mobilized money ,

I have to repay , since from march no interest for the money,

there is no benifit for me, to help  him in his critical position,  just i helped him, 

SIR, SUPPOSE HE MAY CHALANGES IN THE COURT IF IT IS DECIDED HE IS GUILTY CAN I GET MY 30L COMPLEATLY  AND ANY COMPANSATION 

 

KINDLY GUIDE ME  IF I AM NOT GETTING FULL  AMOUNT AND MY EXPENDITURE,  SIMPLY  WASTING OF TIME AND  I WILL COMPRAMISE 

Thanking you

Patel


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