sec. 138 n i act

jitu (Querist) 21 May 2009 This query is : Resolved
in criminal complaint u/s. sec. 138 accuse has deposited the cheque amount pending the criminal case, even court has accepted such amount.. but comlainant didnot compound the complain nor withdrewing the comlain what to do for accuse? plz suggeset citation..

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Jithendra.H.J (Expert) 21 May 2009
withdrawing the complaint is the discretion of the complainant. if he refuses to withdraw, the accused will be convicted! accused cannot do anything except requesting the complainant to withdraw the complainant

A V Vishal (Expert) 22 May 2009
Dear Jitu,

In a cheque bounce case, there are two facets one under the civil law for recovery of money and claim damages and the other is criminal justice. Even though the cheque is deposited the complainant can still go for damages and also prosecution under IPC. The accuse if wise enough should had paid the same cheque when the complainant sent notice of cheque bounce, which would had avoided all these legal tangles.

adv. rajeev ( rajoo ) (Expert) 22 May 2009
Only to convinance the complainant to withdraw the complaint.

Swami Sadashiva Brahmendra Sar (Expert) 22 May 2009
Agree with my friends.

Uma parameswaran (Expert) 23 May 2009
There are many reasons may be behind for not withdrawing the complaint by complainant. May be you have only paid back the cheque amount and if the counselor is not received payment for the work done also he refuse to withdraw. You can move before High court if the payment is made before filing under section 138 against you.

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