138 n i act

Querist : Anonymous (Querist) 04 May 2023 This query is : Resolved
Dear Experts,
I have been accused in a 138 N I Act case of a cheque bounce. I have since repaid all my loan amount to the financial institution, and they have provided me with a NOC certificate. However, the court is not accepting the NOC certificate and is waiting for confirmation from the institution's lawyer. The other lawyer is telling the court that they have no instructions from the institution, which has resulted in the case being pending. I am required to appear in court on every date. I would greatly appreciate any advice or suggestions on how to resolve this case quickly. Thank you.

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Quick Summary

This discussion addresses a cheque bounce case filed under the 138 NI Act where the accused has repaid the loan and obtained a No Objection Certificate (NOC). However, the court is delaying the case, awaiting confirmation from the financial institution's lawyer. Experts suggest filing a discharge petition based on the NOC or moving under Section 147 of the NI Act to compound the offence, especially if the trial hasn't commenced. The aim is to expedite the dismissal of the case and relieve the accused from mandatory court appearances.

Sudhir Kumar, Advocate (Expert) 04 May 2023
since how long you are suffering like this.

T. Kalaiselvan, Advocate (Expert) 04 May 2023
It is not known whether the case has been brought for trial, if so, whether your advocate had cross examined the prosecution witness, did he extract this fact of having settled the entire liability and about NOC provided by the financial institution.
If the fact of settlement of the cheque amount has been established then you may better proceed with the case proceedings and present your side argument to get the case dismissed

Dr J C Vashista (Expert) 05 May 2023
Produce document (NOC issued by financial institution in instant case) before the Court and wait for withdrawal, which cannot be extended indefinitely.

Advocate Bhartesh goyal (Expert) 05 May 2023
Yes,submit NOC certificate issued by financial institution in court and let verified the same by opposite counsel till wait.

P. Venu (Expert) 05 May 2023
You may, in my understanding, move a petition for discharge based on the NOC provided by the complainant.
Even otherwise, the Court can exempt the personal appearance if so applied by his counsel.

T. Kalaiselvan, Advocate (Expert) 05 May 2023
As suggested you can file a discharge petition if the trial has not begun.
The court will not remain a silent spectator just because the complainant is sleeping over the case after having filed it.
As an accused you are entitled to relief if the entire cheque amount has been settled.
Cheque Bounce Case Can Be Compounded Even After Conviction: HP HC.
By way of instant petition filed under Section 482 Cr.PC, prayer has been made on behalf of the petitioner, who stands convicted of his having committed offence under Section 138 of the Negotiable Instruments Act in criminal Case No. 197I/2014, Chaman Lal v. Alam Chand, for compounding the offence under Section 147 of the Act.
Therefore you can file a petition under section 147 of NI act, in view of the specific provisions contained in Section 147 of the Act, which provides for compounding of offence allegedly committed under Section 138 of the Act.

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