138 N.I Act
M.S.Chopra
(Querist) 20 October 2010
This query is : Resolved
my client wants to make payment but the complainant is not accepting, thrice he brought money and ready to pay 15% more what is the remedy
s.subramanian
(Expert) 20 October 2010
the complainant cannot be compelled to receive the amount. If he is unwilling you have no other option but to face trial.
PJANARDHANA REDDY
(Expert) 20 October 2010
NI ACT SEC 147 SAYS--
Notwithstanding anything contained in the Code of Criminal Procedure, 1973, (2 of 1974.) every offence punishable under this Act shall be compoundable.]
OBJECTS AND REASONS OF AMENDING ACT OF 2002
Keeping in view the recommendations of the Standing Committee on Finance and other representations, it has been decided to bring out, inter alia, the following amendments in the Negotiable Instruments, Act, 1881, namely:-
(iv) to prescribe procedure for dispensing with preliminary evidence of the complainant
(v) to prescribe procedure for servicing of summons to the accused or withness by the Court through speed post or empanelled private couriers;
(vi) to provide summary trial of the cases under the Act with a view to speeding up disposal of cases;
(vii) to make the offences under the Act compoundable;
1. Section 143 to 147 ins. by Act 55 of 2002, sec. 10 (w.e.f. 6-2-2003).
AND ALSO SEE THE ATTACHED SC JUDGMENT- YOU CAN COME OUT BY PAYING THE CHQ AMOUNT PLUS 1O% TO LEGAL SERVICE AUTHORITY IN TRAIL STAGE/ OR FIRST APPEARANCE ONLY CHQ AMOUNT
Advocate. Arunagiri
(Expert) 21 October 2010
Once the offense is made out u/s 138 of NI Act. Even after the payment of the cheque value the complainant is having a case. The supremecourt had ruled in favour of the complainant under this circumstances.
but you have not said what is the stage of the case. When your client wanted to make the payment. Your client is having the right to make the payment before the statutory period after the notice. If the complainant refuses to receive the money during the period. No offense is made out. You prove this and you will be discharged in the first hearing itself.
adv. rajeev ( rajoo )
(Expert) 21 October 2010
Even after making the payment of the cheque amount complaint can proceed with the case. Making payment amounts to admission. If you want to make the payment of cheque amount after making the payment get the receipt from the complainant and let him file a memo of withdrawal of the case. It is necessary.
M.S.Chopra
(Querist) 21 October 2010
Mr Reddy
I have already gone through this order, this is when both parties agree ,My question is what if complainant don't accept or black mail for much demand as he was successful in trapping, the case is in the trial court, and the client is willing to pay since the day one of trial that too in D Draft. complainant keep on changing his demands. the cheque is also a security cheque not against any clear depth, client even offered litigation charges.
Mr Subramanian we have to save the honest person, trial is going on but what next.
DEFENSE ADVOCATE.-firmaction@g
(Expert) 21 October 2010
Apply to the court giving ref of above citation which Mr Reddy has post and pray before the court for compounding. Request the court to pass orders. If rejected go in revision .
I hope you will achieve your objective.
s.subramanian
(Expert) 24 October 2010
Thank you Mr.Reddy for the Sc judgment.
Sarvesh Kumar Sharma Advocate
(Expert) 21 October 2010
