LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

AJ (NA)     20 September 2012

138 ni compounding

hello everyone , i need ur valuable input and sujjestion on this as i have a ct date next month :- i had taken a PL  from a bank and due to loss of job was unable to pay them so they filed a 138Ni case against me using my security cheque , after a year i got summons from court . meanwhile the bank agency started negotiating   after the 1st date in court ,i had to take a bail ,  finally agreed to their terms and conditions and made 2 payments out of the 8 EMIS agreed upon. now i sumitted an application before the MM mentioning that i am in settlemnt with the said bank  and have agreed upon a payment stettlement  with them with proofs of payments attached and asked the MM to adjourn the case for as long as it can to which the judge rejected my application and forced the bank lawyer to file an affidavit without which next date will not be granted inspite of the bank lawyer mentioning about the settlement between the both of us , so my question to the forum is , since compounding is possible in 138 NI why my appliction was rejected inspite of me comming to a compromise in the very  2nd  hearing .on 1 hand i have already paid 2 instaments to the bank as per the settlement agreement and on the other hand i have to attend to the case which is still in this given senario what should be my POA  shud i continue with the payment only if they withdraw the case  as the due date of pymt is after 2 days of the next hearing date  or shud i stop the payment and fight  . thank you in advance


 4 Replies

Kishtaiah (Advocate)     20 September 2012

Ask your bank lawyer to file withdrawal of the case u/s 257 Cr.P.C. as both of you are ok with the understanding and payments.

AJ (NA)     21 September 2012


thank you for your feedback ,but what if they dont agree then what should i do , the reason i am saying this is because i told them to withdraw to which he said he will not attend the next hearing so automatically the case will get adjourned to some other date and there is no need for me to attend the court either and if at all the cross examination stage appears he will then withdraw the case. 

Kishtaiah (Advocate)     22 September 2012

Then ask the complainant not to attend any future call on dates and the case will be dismissed for default of complainant attendance.

AJ (NA)     27 September 2012

what if he says he will not attend in 1st hearing and ends up attending in the next  as they are capable of such misconduct and also they will have a lot many cases of such kind so i preasume they will attend , then what do i do?

Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register