N.I.ACT

Querist : Anonymous (Querist) 03 April 2011 This query is : Resolved
Sir, complainant filed case u/s.138 of NIAct. Accused is a builder. His plea is that there was an agreement between him and complainant and since notice he is admitting the liability of cheque amount by saying to give the original and get back the amount, but she is refusing to take the amount and also admitted the same in cross examination. Now what is the position of the accused. Are there any citations that on the point that complainant is resufing to receive the amount of cheque. Pl. suggest in this regard.

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Arvind Singh Chauhan (Expert) 03 April 2011
no citation required facts are in your favour.

indrajit mukhopadhyay (Expert) 03 April 2011
actually the case is yours

H. S. Thukral (Expert) 04 April 2011
As far as offence under section 138 NI Act, it is up to complainant to compound it or not. An opportunity is provided in law to the accused to make payment when drawee of the cheque issues notice to him. However in such circumstances courts take lenient view of the offence in convicting the accused.

Raj Kumar Makkad (Expert) 04 April 2011
In the given case accused accepted his liability and offered the amount of cheque in response to the notice so there is no offense at all and thus complaint is fatal.

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