138 settlement
Andy M
(Querist) 31 July 2012
This query is : Resolved
Hello Sir / Madam,
I want to know if out of cout settlement is possible ( if both parties agreed ) before making appeal in HC? What needs to be done to close the matter without proceeding to HC formalities. Secondly what can be the minimum and maximum amount & punishment a person can get in case of cheque bounce worth Rs 1,50,000/-
R Trivedi
(Expert) 01 August 2012
Cheque bounce is compoundable at any stage. Please let us know about the present status of your case.
Punishment as per Act is upto 2 years imprisonment and upto double of cheque amount as the penalty.
Andy M
(Querist) 01 August 2012
Hello Sir,
Many thanks for your quick response.
Currently session court has dismissed the appeal ( dated 16th July ). NBW is issued. But after discussion outside the court both parties are agreed to settle the matter where the said mount will be paid back to complainant in installments along with the interest. So is it possible to close this matter without further high court’s involvement or through minimum legal processing’s. I am under impression that in case the matter moves towards HC, accused needs to submit 50% ( nearly 70,000 ) of overall amount as security which accused cannot arrange in short duration due to financial conditions. Hence both parties are agreed to settle the matter through installment payments. In this case, is HC processing mandatory ? What is the best way to resolve this issue legally?
R Trivedi
(Expert) 02 August 2012
How come you are infront of Session Court ??
No court can refuse compounding of this offense if presented jointly by both the parties. High Courts have set aside the conviction on compounding.
Since court has issued NBW (probably due to absence), both complainant and accused must appear before the court immediately with settlement letter and an application from complainant stating that he is withdrawing the complaint under S.147 as the matter is compounded. Still the accused must be ready with counter surety papers, as he is on NBW.
