138 ni act case

advocate

Good evening to my respected colleagues.

Under which section one can file discharge petition before the court below in a 138 Cheque Bounce NBW case?

227 / 239 / 245 / 247 / 258

Smt.G.Padmavathi Srinivas
Advocate

 
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ha21@rediffmail.com Mumbai : 9820174108

1. Cheque Bounce case being a Private prosecutable case CANNOT be dismissed /discharged BUT only can be compounded with mutual consent by both parties.  The matter will definetly go to trial till conclusion.

Keep Smiling .... Hemant Agarwal
VISIT: www.chshelpforum.com

 
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only you have to defend your case...
 
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you can file revision against the order of judicial magistrate
 
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and it is nothing but discharge of accused
 
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Advocate

What do you mean by Bounce NBW case?

 
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Hello Distinguished,

Cheque Bounce case being a complaint case under special act, and it cannot be dismissed /discharged BUT only can be quashed u/s 482 in the high court.

 

 
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Lawyer

Madam,

You have compounded / complicated two different issues in your query i.e., discharge and NBW in a case u/s 138 of the Negotiable Instrument Act ,1881, what is actual question?

Best wishes.

 
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can the case be quashed if the complaint poses as no contest ( based on mutual understanding against compensation) or it has to run it's full course ?
 
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ha21@rediffmail.com Mumbai : 9820174108

1. Cheque Bounce case being a Private prosecutable case CAN be "Quashed" in High Court  .OR. can be "compounded with mutual consent"  "ANYTIME" by both parties in the Trial Court (Magistrate Court), even BEFORE Start or during Trial Proceedings.

Keep Smiling .... Hemant Agarwal

VISIT: www.chshelpforum.com

 
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