cheque bouncing

Querist : Anonymous (Querist) 19 August 2010 This query is : Resolved
i have issued a cheque of 150000.but due to bussiness losses i was not able to pay amount in time i offer to pay in instalments but he rejected offer now he send me a notice to deposit money what i can do

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Devajyoti Barman (Expert) 19 August 2010
If he rejects the proposal of payment in installments and go ahead with the filing of the case then you have no option but to contest the case.

s.subramanian (Expert) 19 August 2010
if he files the case,take your own time in defending it by filing petitions after petitions and approaching the higher courts invoking sec.482 cr.p.c. till he gets frustrated.then he will come to you for a compromise.

R.Ranganathan (Expert) 19 August 2010
I disagree with Mr. S.Subramanian. It is not good to do as suggested. On the other hand, you can contest the matter and start making payments in court before the judge. In the reply to the notice itself you can state that due to business losses you are not able to pay it in one lumpsum but agree to pay the same in instalments and make some payments to show your bonafides.

adv. rajeev ( rajoo ) (Expert) 20 August 2010
It is compoundable offence, you can submit before the court that you are ready to pay the amount in instalments to the complainant. If the complainant is agree it is OK, if he didn't then you will be punished on the basis of your admission. So think twice.

DEFENSE ADVOCATE.-firmaction@g (Expert) 20 August 2010
Yes only Mr Subramaniam is right , other people agree or not you can not change law.

1) Compunding is not right.
2) If you pay during the pendency of case means the guilt is accepted so there will be conviction.

This is not civil matter.

Though this is student querry ; in reality such things do not happen since even complainant is also harrased by attending court and bearing expanses so he will be happy if money is being returned even in instalments.

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