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Discussion > Criminal Law > IPC > Compromise Under NIA 138   Unanswered Threads Post New Topic

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There are 9 Replies to this message


varghese


drvargheseae@gmail.com
[ Scorecard : 84]
Posted On 09 March 2011 at 14:47 Report Abuse

Sir,

In my case, the complainant want to compromise and settle the matter amicably. Complainant is innocent, but his friend forced him to file a case under section 138 NI, now the complainant is afraid of false allegation. Now what should I do sir,. amount involved in this case is Rs.7,000/- which has been paide by me in advance. After getting back his money, complainant friend coerced him to   submit the cheque to the bannk and it got bounced.

After paying the amount, self requested the complainant to return the cheque, but he didnt do that and handedover the cheque to one of his friend.

I have received the summons to appear before Belgaum court on 18.11.2011

 

Your valuable advise is very much needed, as am totally innocent of this matter, and this is the first case

during my entire life

 

with regards

varghese



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M.Sheik Mohammed Ali I am Online


advocate
[ Scorecard : 11320]
Posted On 09 March 2011 at 14:50 Report Abuse

have you any proof of gave to him money cash, then you proved.



seenu


seenu.nsb@gmail.com
[ Scorecard : 30]
Posted On 09 March 2011 at 16:45 Report Abuse

once we file an application under section 138 and 142 N I act and the honourable court taken objection that there was 4 days delay can we file delay conodotion petation along with representation of application?



Dharmesh Manjeshwar


Advocate/Lawyer
[ Scorecard : 830]
Posted On 09 March 2011 at 16:53 Report Abuse

varghese u have to prove that the cheque amount was paid to the complainant prior to the it's dishonour ...... u should have also replied back to his 138 notice after cheque dishonour stating the same if this is ur defence ...



seenu


seenu.nsb@gmail.com
[ Scorecard : 30]
Posted On 09 March 2011 at 17:04 Report Abuse

how explain in details with case law



Sarvesh Kumar Sharma Advocate


Advocacy
[ Scorecard : 14059]
Posted On 09 March 2011 at 17:59 Report Abuse

show all evidences before the court.



ADVOCATE DEFENSE.


POWER OF DEFENSE IS IMMENSE - firmaction@gmail.com
[ Scorecard : 15941]
Posted On 09 March 2011 at 19:11 Report Abuse

have to go through trial if process is issued.



Sala Sateesh


lawyer
[ Scorecard : 216]
Posted On 10 March 2011 at 18:28 Report Abuse

Dear Sir,

Don't be feared of merely served with summons, just engage an advocate and file vakalath, in the mean while collect all the documents relating to case and brief your advocate, the learned counsel will  take a call how to disprove the material allegations and debt is not legally enforceable.

simply dishonouring of cheque does not attract the offence & penalty under NI act, the complainant  has to satisfy the Hon'ble Court that the "debit is an legally enorceable" taking your peculiar situation if you are able to prove that u have paid then there can't be a case under NI act.

the amount which is mentioned in the cheque needs to substantiated with proof  of document lest the case fails.

 Regards,

S.Sateesh



Bharath.T.


Criminial And Civil
[ Scorecard : 138]
Posted On 11 March 2011 at 17:51 Report Abuse

Give proof of all amounts are settled and also send an legal notice for false allegations.

Go for discharge petition as far as your 138 case is concerned.

Regards



ADVOCATE DEFENSE.


POWER OF DEFENSE IS IMMENSE - firmaction@gmail.com
[ Scorecard : 15941]
Posted On 12 March 2011 at 11:15 Report Abuse

No discharge provision in NI 138 cases. You can however the demolish the story by clever cross.




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