Manoj Deka (proprietor) 05 May 2011

Installment in NI 138

Dear Expart

A case is going on under NIA 138 the respondent confessed and submited in writting to the court that he will pay my due amount in two installment before March 2011 but now it is May 2011 the respondent never came to the court after the written submittinon but several pitition filled by his lawyr stating that his wife is ill after a arrest warrent the respondent came to the cort with an amount of Rs.11,000/= out of 185000.00 which I refused to accept than the court said to pay Rs. 50,000.00 but again he wanted a weak time to pay Rs. 50,000.00 out of 1,85,000.00 and requested to the court to allow to pay the balance amount in several installment.

Can the court allow to pay in several installment under NI138 ?

If the court accept the second application also will it no be against estoppel as the respondent submitten in written that he will pay in two installment before March 2011.

Can I refuse to accept such low amount if yes what is next?

If I canot refuse to accept such low amount then also what is next?

Thanks in Advance, please help me.

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3 Replies

Raj Kumar Makkad (Adv P & H High Court Chandigarh) 05 May 2011

The course being adopted by trial court is totally erroneous. This is not a civil suit for recovery rather a criminal case under section 138 of NI Act which involves punishment. As the accused has already admitted his guilt so court should tak further action of pronouncing sentence and fine upon him as per procedure. It seems that you have agreed to make a compromise by accepting only money of cheque and court is adopting same line of action. You may pray to the court that as the accused has not fulfiled his words so you withdraw your compromise and action be initiated further in the criminal case.

Manoj Deka (proprietor) 05 May 2011

Raj Kr. Makkad Sir,

First I agreed to compromise but after his negligance I am not interested to compromise but the court said that I dont have other option but to take money in installment.

Manoj Deka (proprietor) 12 May 2011

Dear Raj Kumar Makkad Sir,

Today I followed your advice stating I withrow my compromise as the accused did not fullfill his word, the court immediately ordered for arrest warrent as he misleaded the court also.

Kudos to you Sir.