138 ni act case

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

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

What do you mean by Bounce NBW case?

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.

 

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.

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