138 ni act
Legal_Query
(Querist) 23 August 2011
This query is : Resolved
Dear All,
an application for mediation of the dispute under 138 ni act was moved by the accused at the stage of defense which was opposed by the complainant that the matter is pending for past 10 years and court should not allow this application. there is no dispute against the cheque amount plus 10% additional amount from the accused side but the complainant is demanding double the amount or 18% yearly interest.
Court has rejected the application for mediation, what should the accused do in this situation.
kindly advice
Thnks in anticipation.
ajay sethi
(Expert) 23 August 2011
it is only in civil suit that plaintiff can claim interest 18%per annum .
in complaint under section 138 court may award compensation and impose fine and sentence you to imprisonment .
if there is no dispute as to cheque amount why dont you deposit the amount in court . the fact that you want to settle the case is a mitigating factor
DEFENSE ADVOCATE.-firmaction@g
(Expert) 23 August 2011
There is lot of scope for defense in case due to development of case laws, put proper efforts you will win.
Regarding compounding you can go in revision as per latest citation of SC , get from files section or forum section of this site.
Dr Anil Kumar Singh
(Expert) 23 August 2011
I agree with experts. Deposit the amount due or as agreed by you in the court as token of honesty and commitment to resolve the case. Go for a revision and stick firmly to your stand ,you will win
Advocate. Arunagiri
(Expert) 23 August 2011
Even if the cheque amount is deposited in the court, this will not resolve the criminal offense.
If the complainant is not willing for a compromise, the court can not do anything.
Arun Kumar Bhagat
(Expert) 28 August 2011
Payment of cheque amount during pendency of case would not absolve the accused from prosecution. See supreme Court judgment passed by Justice Sagir Ahmed in 2000.
