Negotiable instruments act
Querist :
Anonymous
(Querist) 16 December 2011
This query is : Resolved
an accused discharges his liability after receiving summons from the magistrate court.the complainant refuses to withdraw complaint under 257 crpc on ground of non payment of interest.we have demand draft copies issued towards full satisfaction of all the three cheques.can the accused file a discharge application under 227 crpc ? accused has neither appeared before the court nor charges or particulars of the offence has been read out to him...please answer with supporting rulings.
ajay sethi
(Expert) 16 December 2011
you ought to appear in court . make a statement that full payment has been made on issue of summons .
make an application for compounding the case
Nadeem Qureshi
(Expert) 16 December 2011
file an application for compunding the offence, in 2010 SC held if the accused ia ready to make payment of the cheque amount at early stage to the proceeding then the court should compounding the offence, if the sebsequent stage then 10% of the cheque amount will be charge as a cost, if the accused is ready to make the payment before high court then 15% & before SC 20 %
so dont worry file an application for compunding the offence.
feel free to call
Shonee Kapoor
(Expert) 16 December 2011
Agreed with experts that you should file for compounding of case by appearing in court.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
Raj Kumar Makkad
(Expert) 16 December 2011
It is now the mercy of the accused person and not of the complainant if accused is ready to get the matter compounded in view of SC latest pronouncement.
V R SHROFF
(Expert) 17 December 2011
Pay interest as demanded, and Apply Jointly, That Comp received all amt, Let Complainant Withdraw the Complaint. This will be shortest and sweet solution. As you already paid major amt, you are also liable to pay for his expenses, interest lost, court fees & legal chg paid by Complainant & time lost, mental agony, money blocked due to your fault, business loss, .
You created this problem, you must surrender to his legitimate demand and finish off the problem created by you alone.
Once you accept your liability, it include liability of reasonable interest, and Legal procedure cost too, not only cheque amount. Complainant is not wrong demanding interest in your case.
Adv Shroff
17-12-2011
Querist :
Anonymous
(Querist) 17 December 2011
expert shroff is blurring the difference between civil liability and criminal culpability.138 partakes the charaCTER OF BOTH.THATS WHY SECTION 147 IS ADDED IN 2002 AMENDMENT.
DEFENSE ADVOCATE.-firmaction@g
(Expert) 17 December 2011
You can apply for dismissal , it will not be normally allowed so go to revision you will get sure relief.
POWER OF DEFENSE IS PERPETUAL.
V R SHROFF
(Expert) 18 December 2011
YOUR COMMENTS" expert shroff is blurring the difference between civil liability and criminal culpability.138 partakes the charaCTER OF BOTH.THATS WHY SECTION 147 IS ADDED IN 2002 AMENDMENT."
ANSWERED By Adv Shroff to you:
Amendment Act 2002, impose penalty from Rs. 5000 to double the cheque amount, & Punishment from 1 year to 2 year. , so drawer do not take it lightly.
Once the offence is committed, any payment made subsequent thereto will not absolve the accused of the liability of criminal offence.
YOU CANNOT GET DISCHARGE UNDER SEC 227, As the complainant refuses to withdraw complaint under 257 crpc on ground of non payment of interest.
Though the Ground is wrong, the refusal sustain.
I did not blurr civi & cri .
I did not mean , the other liability is in any way subject matter of 138 cr p
I mean to say, to be justified, we have to look into indirect losses incurred to Complainant. Otherwise why will he agree to compound the offence committed by you??
My motive is to help you , finish it quickly and sweetly. I certainly know, other liability is civil.
Now that he raised it, What are you going to do about it, unless follow my advise, blurred or not.
I hope this is clear to you, and it will help you too. Or be ready for difficulties, even after paying full amount of cheque, and Major amount of , as I suggested, your liability.
If he do not want to withdraw complaint, and want to proceed against you as per law, will court compound your offence despite his objection??
In that case, all accused will pay, not within 15 days of notice, but after they get summon, and go home. The Complainant will have to bear court fees, Litigation expenses, and loss of interest?? Is it what you mean??
I am here to help you, you being accused. Get clarity of what i stated, and then act as per your choice.
I am trying to remove any blurred idea you have & clear the Law Point.
DEFENSE ADVOCATE.-firmaction@g
(Expert) 18 December 2011
THE QUESTIONER PLEASE NOTE THAT -You are coming on this site to solve your problems that too from vide array of experts totally free of cost and every body gives inputs in the best possible manner, it is not essential that you should agree with it.
SO YOU MUST SHOW RESPECT TO THE EXPERTS INSTEAD OF USING HARSH WORDS AGAINST THE ADVICE.
