liability of accused person after giving the dishonoured cheque amounts during stage of arguments.
rahul
(Querist) 26 January 2011
This query is : Resolved
Respected sir/madam,
I am complainant and gave total amount of Rs. 3,10,000/- to the accused as a hand loan.The accused gave the cheque of Rs.2,00,000/- out of Rs.3,10,000/- against the said hand loan amount.
I presented the said cheque in my bank and the sane was dishonoured under the remark of "fund insufficient".Thereafter i served legel notice through my lawyer,but the accused fails to compliance the notice.
Thereafter i filed complaint against accused for the amount of Rs.2,00,000/- u/s 138 of negotiation instrument act .In my complaint i discribed total transaction of Rs.3,10,000/-.During the proceeding and at the stage of argument the accused handover the cheque of Rs 2,00,000/- to my husband. I withdraw said cheque amount after informing the court.
Matter pending before court for argument.
Now my question is that,i gave total amount of Rs.3,10,000/- to the accused and out of which he returned me Rs.2,00,000/- during proceeding,and my complaint is also for Rs.2,00,000/-.But what is the remedy for me the remaining amount of Rs.1,10,000/- out of Rs.3,10,000/-.?
What is the liability of accused for Rs.1,10,000/-?
Whether the court will held liable to the accused?
Arvind Singh Chauhan
(Expert) 26 January 2011
No action may be taken under NI Act for that remaining amount but if the offence has not been compounded, If court think fit it may order to compensate to complainant with this amount also.
Otherwise you would have to file separate suit for recovery of that amount.
SANJAY GUPTA
(Expert) 26 January 2011
you need not to worry as the cheque given to your husband does not confirm that it given against your liabilty, moreover cases against N.I.Act filed is not for the recovery of amount but for the punishment of the offence, argue the matter you will get the case in your favour, he must be punished if not returned the total amount as per the law.
adv. rajeev ( rajoo )
(Expert) 27 January 2011
Compenstion will be granted by the court, but you wont get money in NI Act cases.To recover the balance amount you will have to file seperate suit for recovery of money.
Amit Minocha
(Expert) 27 January 2011
If there is no recording of compromise in the Court you may go ahead with the case so as to maintian pressure and ask for the balance in considertion of withdrawal of the complaint. You can also file a summary suit u.o. 37 CPC to recover your amount in parallel.
vijayan
(Expert) 27 January 2011
Only 2 options are left to you.
1. Continue the case against the accused. Court can order compensation to you under section 357 of Cr.P.C. But the court shall consider the repayment of the cheque amount to you and your acceptance of it.In this case , only the cheque is the subject matter, and not the entire money you are entitled.If you have proof for the payment of balance amount,file another case against the accused.If there is no documents, forget about the balance amount.
2.Consider withdrawal of the present case since you are under moral obligation when you accepted cheque amount and try to settle the entire matter through mediators by making over the case to an adalath before withdrawal.
M V Gupta
(Expert) 28 January 2011
The part payment of Rs. 2 lakhs was withdrawn by you after infroming the Court. This payment of the amount does not absolve the accused of the offence committed by him under the NI Act and still the case subsists against him and he is lible to conviction. If however he pays to you the balance amount then u may consider compromising the case outside the court and apply for withdrawal of the case.
rahul
(Querist) 09 September 2011
respected dignities,
first of all i would like to thanks for your valuable advise.
in this case my lawyer has proved before honorable court that the accused has withdraw total amount of rs 3,10,000/- from my account.now matter is on argument stage.
so,please suggest me some case laws of SC as well as HC which is related and fit for my case.
rahul
(Querist) 11 September 2011
Respected sir/madam,
I am complainant and gave total amount of Rs. 3,10,000/- to the accused as a hand loan.The accused gave the cheque of Rs. 2,00,000/- out of Rs. 3,10,000/- against the said hand loan amount.
I presented the said cheque in my bank and the sane was dishonoured under the remark of "fund insufficient".Thereafter i served legel notice through my lawyer,but the accused fails to compliance the notice.
Thereafter i filed complaint against accused for the amount of Rs. 2,00,000/- u/s 138 of negotiation instrument act .In my complaint i discribed total transaction of Rs. 3,10,000/-.During the proceeding and at the stage of argument the accused handover the cheque of Rs. 2,00,000/- to my husband. I withdraw said cheque amount after informing the court.
Matter pending before court for argument.
Now my question is that,i gave total amount of Rs. 3,10,000/- to the accused and out of which he returned me Rs. 2,00,000/- during proceeding,and my complaint is also for Rs. 2,00,000/-.But what is the remedy for me the remaining amount of Rs. 1,10,000/- out of Rs. 3,10,000/-.?
What is the liability of accused for Rs. 1,10,000/-?
Whether the court will held liable to the accused?
respected dignities,
first of all i would like to thanks for your valuable advise.
in this case my lawyer has proved before honorable court that the accused has withdraw total amount of Rs. 3,10,000/- from my account.now matter is on argument stage.
so,please suggest me some case laws of SC as well as HC which is related and fit for my case.
R.Ramachandran
(Expert) 11 September 2011
The present complaint is only for an amount of Rs. 2 lakhs (though total amount due to you from the accused may be Rs. 3.1 lakhs).
In the present complaint case u/s. 138, you cannot hope to recover the remaining 1.1 lakhs from the accused.
For that you have to file a separate suit for recovery (provided you have the limitation). If he had given another cheque for Rs. 1.1 lakh and that had also got bounced, then you can issue a legal notice and if amount is not paid by him, then you can lodge a fresh complaint u/s. 138.
Your lawyer proving before the court that the accused took Rs. 3.1 lakh from you will not in any way come into your aid for recovering the balance Rs. 1.1 lakh in the present case.
