g.p.srinivas (advocate) 26 November 2019

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

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13 Replies

Hemant Agarwal (ha21@rediffmail.com Mumbai : 9820174108) 26 November 2019

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

yogesh navmahalkar (Lawyer) 27 November 2019

only you have to defend your case...

Vinayak Lande 27 November 2019

you can file revision against the order of judicial magistrate

Vinayak Lande 27 November 2019

and it is nothing but discharge of accused

P. Venu (Advocate) 27 November 2019

What do you mean by Bounce NBW case?

Sapan Ahlawat 27 November 2019

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.

Dr J C Vashista (Advocate) 29 November 2019

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.

joy (Director) 30 November 2019

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 ?

Hemant Agarwal (ha21@rediffmail.com Mumbai : 9820174108) 30 November 2019

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

g.p.srinivas (advocate) 25 December 2019

My respected colleagues,

GOOD MORNING

28 days back I posted query regarding discharge of the Accused in NI Act ? Thanks to my distinguished colleages. there was no adequate information regarding the issue.

Me and my husband (he is a journalist) did indepth research, found appropriate citations and provisions of Law.

In the first instance itself the Hon'ble Court below allowed the petition on the grounds of valid submission.

Regards,

Smt.G.Padmavathi Srinivas.

Hemant Agarwal (ha21@rediffmail.com Mumbai : 9820174108) 25 December 2019

Originally posted by : g.p.srinivas
	Thanks to my distinguished colleages. there was no adequate information regarding the issue. Me and my husband (he is a journalist) did indepth research, found appropriate citations and provisions of Law. In the first instance itself the Hon'ble Court below allowed the petition on the grounds of valid submission.

1. Seems you are a very very lucky person.

2. Apprehensively you could have done your said "indepth research", BEFORE getting so many feed backs from members over here.

P. Venu (Advocate) 25 December 2019

It would immensely benefit the cause of justice if the learned member could share the legal elements and the case law urged.

g.p.srinivas (advocate) 25 December 2019

My respected colleagues, GOOD MORNING 28 days back I posted query regarding discharge of the Accused in NI Act ? Thanks to my distinguished colleages. there was no adequate information regarding the issue. Me and my husband (he is a journalist) did indepth research, found appropriate citations and provisions of Law. In the first instance itself the Hon'ble Court below allowed the petition on the grounds of valid submission. Regards, Smt.G.Padmavathi Srinivas.