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shweta thakur (na)     28 September 2017

138 negotiable instrument act

compromise in 138 ni act done in lokadalat, the compromise cheque was given by the accused but that cheque also got bounced, is  second complain is maintanable under sec 138 NI Act



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 7 Replies

shweta thakur (na)     28 September 2017

Please guide me can i file a second complain, its a bit urgent..

SHREY DAMBHARE   28 September 2017

Yes it is maintainable, You can file fresh Complaint before magistrate after issuing them fresh legal notice. You should give these facts in fresh Complaint that you received these cheques out of settlement,   Yes it is maintainable, You can file fresh Complaint before magistrate after issuing them fresh legal notice. You should give these facts in fresh Complaint that you received these cheques out of settlement. This is criminal case under Cr.P.C. so here this is not case of Res-judicata or double jeopardy as there was settlement. So, fresh complaint is maintainable.

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Siddharth Srivastava (Advocate)     28 September 2017

Yes it is maintainable. Get also reopened the earlier case also.

shweta thakur (na)     28 September 2017

Sir,

R u having any judgement on this point which is reported case law of Supreme Court Full bench or Division bench, because in 2008 & 2016, supreme court has passsed a judgment regarding this that the complain is not maintainable.

 

So kindly give me any full bench judgement of supreme court on this point.

 

 

 

 

shweta thakur (na)     28 September 2017

Sir, R u having any judgement on this point which is reported case law of Supreme Court Full bench or Division bench, because in 2008 & 2016, supreme court has passsed a judgment regarding this that the complain is not maintainable.   So kindly give me any full bench judgement of Honrable supreme court on this point

Siddharth Srivastava (Advocate)     28 September 2017

As such there is no full bench or constitutional bench judgement.

shweta thakur (na)     28 September 2017

is there any citation


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