138 NI Act
Soma
(Querist) 15 November 2009
This query is : Resolved
whether in a 138 NI Act case while admitting the debt,can the accused request the court to allow him to pay the whole debt in installments? Is such plea entertainable ?
adv. rajeev ( rajoo )
(Expert) 15 November 2009
If accused pleads the guilty definately he will be convicted. Such plea is not entertainable and not advisable.
Just go on conducting the case in between file a compromise memo then go on paying the amount in instalments.
Adinath@Avinash Patil
(Expert) 15 November 2009
IN N.I. ACT 138 CASE THERE IS NO PROVISION FOR TO PAY DEBTS IN INSTALLMENTS.IF YOU PLEAD GUILTY OF SUCH TYPE COURT WILL BE CONVICT ACCUSED.
Soma
(Querist) 15 November 2009
Rajeev..
how can such compromise memo be filed without consent of the other party?
Kiran Kumar
(Expert) 15 November 2009
offence under S.138 of Negotiable Act is compoundable in nature....pls refer to S.147 of the said act.
it can even be compromised at SLP stage.
as far as resettlement or reschduling of loan is concerned the court will not behave like this, however may give u sufficient opportunity to pay off the amount in 2 or 3 installments but not like complete rescheduling of whole debt.
PJANARDHANA REDDY
(Expert) 15 November 2009
KIRAN JI, UR CORRECT.
THIS OFFENCE IS COMPOUNDABLE AND QUASI CIVIL IN NATURE AND ALSO BAILABLE, HENCE AT THE STAGE OF SLP BOTH CAN SHAKE-HAND & SMILE.
BECAUSE THE SOLUTION IS WITH IN THEIR ATTITUDE, BY MISTAKE THEY MIGHT HAVE POSTPONEDTHE SETTLEMENT EVEN NOT LESSTHAN 20YEARS IN REACHING SLP STAGE AT S.C.
sanjay kumar patibandla
(Expert) 15 November 2009
Sir,
particularly accused should not admit his guilt in this case. If he admitted he must be convicted. NI act case is not for recovery of money.
But it is compoundable. At any stage it can be withdrawn by the complainant or both can enter in to compromise before the Lok Adalath .
In terms of compromise, if the both parties agrees, payment in installments can be inserted.
Raj Kumar Makkad
(Expert) 15 November 2009
138 Negotiable Instrument Act is a criminal offence. If the cheque duly issued has become bounced and the payment mentioned thereon has even not been paid despite of receipt of notice within 15 days then definitely offence has been committed fully and merely paying the amount of the cheque before the court shall not exenerate him from the offence, however, it will be better if the complainant is taken into confidence and a compromise is made with him then on the receipt of his amount, he generally withdraws such type of complaint.
Guest
(Expert) 15 November 2009
NANDKUMAR B.SAWANT.M.COM.LL.B.(MUMBAI),ADVOCATE
MOBILE.09325226691, 09271971251
e.mail.adv.nbsawant@yahoo.co.in
e.mail.nandkumarbs@sify.com
REGARDING THE ADMISSION OF DEBT KINDLY NOTE THAT
1.ONCE YOU ADMIT THE DEBT. IT WILL BE PROVED THAT CHEQUE WAS ISSUED BY YOU TOWARDS LEGALLY ENFORCEABLE DEBT AND NEXT STAGE WILL BE OF PUNISHMENT OF TWO YEARS AND COMPENSATION AND FINE AS PER PROVISIONS OF SEC.138 OF N.I.ACT.
2.BUT IN CASE YOU WISH TO COMPROMISE THE MATTER THEN BE CAREFUL DO NOT GIVE ANY THING IN WRITING BUT COMPLAINENT AND ACCUSED CAN COMPROMISE THE CASE WHEN LAST INSTALMENT OF LOAN IS PAID. BUT THIS IS RISKY BECAUSE COMPLAINENT MAY CONTINUE THE CASE ONCE HIS PRINCIPLE AMOUNT IS RECOVERED .HE WILL DEMAND INTEREST ON LOAN AMOUNT.HENCE INSTEAD OF SETTLING THE LOAN ARREARS IN INSTALMENTS IT IS ADVISIBLE TO SETTLE THE AMOUNT IN ONE INSTALMENT AND COMPLAINENT SHOULD BE FORCED TO WIDRAW THE CASE IN THE COURT.
IN CASE ANY FURTHER HELP IS REQUIRED KINDLY SEND DETAILS
WITH BEST REGARDS TO YOU YOUR FAMILY AND FRIENDS.
THANKING YOU
YOURS SINCERELY
NANDKUMAR B.SAWANT.M.COM.LL.B.(MUMBAI),ADVOCATE
J K Agrawal
(Expert) 15 November 2009
Payment during proceedings under 138 N I Act does not exonerate the accused from punishment but it highly impacts quantum of punishment.
Raj solanki
(Expert) 15 November 2009
don't plead guilty, just say to court that you want to make payment in installment and the court in daily routing, allow the parties to settle their disputes and the case is compoundable so no need to worry.
