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Pavani Bayyana (Employee)     18 June 2016

Cheque bounce - is it mandatory to compromise ?

Dear esteemed professionals,

We lend/gave Rs.2 lakhs as loan to one of our friend and together with accumulated interest for three years, the amount has come to around Rs.2.75 lakhs and a cheque bounce case is filed on the Borrower/Accused for Rs.1.8 lakhs (partial repayment) last year, which has come to arguments stage now.

Note that the case is filed only for 1.8 lakhs, whereas the total amount receivable is 2.75 lakhs and we are planning to file a civil suit for the recovery of the balance amount.

The Accused is fully financially capable, but has a nature/attitude to drag the matter as much as he can, so that he will get more time to repay. We also understand that, towards the end of the present cheque bounce case and just before the judgement, the Accused has a plan to compromise in front of the judge (only for 1.8 lakhs or lesser, and not the full amount) and get rid of this cheque bounce case for the time being and he want make us to waste our time for two/three more years for the balance amount of 0.95 lakhs.

My question is…,

Just before the judgement, if the Accused is asking/requesting for compromise/settlement of the case saying that he can repay the amount for which case has been filed (not the full amount), and if judge is also insisting, does the Complainant need to oblige their request or can continue.

Our plan is that, if we continue the case without compromise/settlement for the partial amount, then the Accused will be afraid of the imprisonment, and then he will be repaying the total amount liable to us.

Our intention is to withdraw/compromise/settle only if we receive the total amount, if there is any possibility.

Please advise/guide us.


 16 Replies



No one can force you to compromise


Rit Arora


Pavani Bayyana (Employee)     18 June 2016

Thanks for the quick revert sir. You mean to say, even if the Accused is ready to pay the case amount, I can still insist the magistrate to take penal action on him ?

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 )     18 June 2016

already case is filed. So Settlement can be done in the court only. 

Pavani Bayyana (Employee)     18 June 2016

Dear Ramachary sir, what we want to check is to see if there is any possibility to punish the Accused even if is ready to pay the entire amount towards the end of the case ?



Until the framing of notice under section 251 crpc if the accused pleads guilty then the court may ask him to pay the amount along with some fine. After that it is upto the parties.


Rit Arora

MARU ADVOCATE (simple solutions for criminal legal problems -- yourpunch@gmail.com)     18 June 2016

As per recent SC JUDGEMENT  now all the court notices give a clause for compromise on cheque amount so court can force the settlement for cheque amount.even at sessions court, High court or Suprement court with some fine.


More ever do not remain over confident that you will win the case since thare are always fundamental mistakes in the complaint..


Since no law can be made perfect whatever you do and in cheque law there are so many amendments so it is easy for any accused to come out of any cheque case if proper defense steps are taken.


You can join us to see in many on going cheque cases where such trial can be seen.



And again even if you win in lower court the sentence and fine can be stayed and appeal can be filed by the accused on part payment and it may take years for final result.


A recent High court has even said that since appeal is the right of the accused so no conditions should be imposed while admitting the appeal against the trial court judgment.


Shekhar (Proprietor)     18 June 2016

To the querer, what is your intention in the case? You want your money or you want the accused to be punished? If punished, & go to jail, then no money. You should have initiated a civil suit along with cheque bounce case with all the relevant documentary evidences. The criminal case could be for cheque value, and civil suit for entire value. You would have seen the results. If cheque value is compromised, automatically balance would be for civil suit. Anyway, you are best do judgement. Regards, Shekhar Babu.N.V +919731110296

TS Makkar   19 June 2016

Dear Pavani 

Even if the accused agrees to pay the entire amount, that would not absolve him of his penal liability.

You can continue with the trail and if you win, the court can punish the accused with a prison term extending to two years and fine twice the amount of the cheque


Compromise is not mandatory. That is voluntary and depends upon your discretion to agree or not.

Pavani Bayyana (Employee)     20 June 2016

Thanks esteemed professionals for your responses. 

Dear Shekahr Sir, Our intention is to recover the money, but as our advocate suggested, we approached the cheque bounce route for faster resolution.

As we have already started on a cheque bounce case, we were trying to see if I can pressurize the Accused by means of not compromising even if he is ready to pay Rs.9 lakhs, so that he can pay the total amount even without going for a civil suit.






Shekhar (Proprietor)     23 June 2016

To the querer, advocates are there to guide. Pl know that the 138NI, with its latest amendments, has good teeth to nail the accused, but the complaint needs to be proper, backed by proper evidence. Moreover, the civil suit is the best way instead of criminal cases. The way a person is made to stand as criminal, he is bound to demolish the evidence, with personal grudge. In civil suit it is not so. For your information, I myself won close to 7 cases in 138NI as an accused. Regards. Shekhar Bangalore +919731110296

MARU ADVOCATE (simple solutions for criminal legal problems -- yourpunch@gmail.com)     23 June 2016

Yes shekhar is right , it is easy to win a criminal case

Accused in cheque case pl show us your papers  for easy win.

Shekhar (Proprietor)     25 June 2016

Adv. Mary, basic thing in 138NI, a legally enforceable, debts or other liability is to be established as on the date of issue of cheque to the extent or more than the cheque along with direct or impounded authority to sign the cheque against the accused. Then only offence under 138NI can be established. If any one of these two are not present in the complaint, the case is duty bound to be dismissed. Hope I have clarified. Shekhar Babu. +919731110296

Shekhar (Proprietor)     25 June 2016

Further, Adv.Mary, even the blank cheques that have been issued, the same argument applies. The blank signed cheques are issued by the accused to the complaint. The complaint should have implied authority to fill the cheque and present for negotiations. This status any accused will not accept, of giving implied authority to complaint, since the case goes against him, if accepted. This being the state, the accused does not know the value of cheque, by not completing his authority by filling the cheque in toto & the complaint does not have the implied authority to fill the cheque, the case ceases to became case under 138 NI. Trust above is understandable. Regards Shekhar babu.N.V. Bangalore +91973110296

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