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Ashish Singla 098140 76600 (Cheque Victim's Lawyer. LUDHIANA (PB))     28 August 2012

Compounding in cheque case

Generally it's practice everywhere in trial courts , judges and advocates of both sides prefer to compromise the proceedindgs at the earliest . Sometimes a genuine and hearted complainant is forced to take cheque amount and to make compromise , otherwise the said amount will be deposited in court and accused is acquitted by the court .

Q. Can complainant be forced legally to accept the cheque amount by the accused during the proceedings of 138 NIA,  and  deprive to complainant from continuing  his complaint against accused. ( with decided cases if possible ) ?



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 7 Replies

Yogesh Anand (Head- Legal AVP)     28 August 2012

No.  Compounding cannot be done without the consent of the complainant.   Pl  refer the judgment of Supreme court in JIK Industries vs. Amarlal V Jumani 2012 STPL ( web ) 82 SC .   This a detailed judgment and will give you all answers relating to your query.

Yogesh Anand (Head- Legal AVP)     28 August 2012

The punishment under 138 is not only the double amount of cheque, it can be imprisonment for 2 years also or both.   So you can continue with the complaint even if the accused offers cheque amount for compounding, if you want to teach him a lesson.

Yogesh Anand (Head- Legal AVP)     28 August 2012

You can very well advise your client to simultaneously file civil suit for recovery of cheque amount separately to ensure that even if the punishment under 138 is double the amount of cheque amount and the same is imposed as fine only then you still can recover your amount in civil suit.

Ashish Singla 098140 76600 (Cheque Victim's Lawyer. LUDHIANA (PB))     28 August 2012

Mr Anand,

Thanks , for the information .

Nagendra*** (Manager)     28 August 2012

what will be the lawyers fees to fight a cheque bounce case. Can this case be wrapped up in 6 months. Can the lawyer agree for the paymen of fees after the case verdict? Can the lawyers fees be claimed from the accused? 1) I have a Loan agreement on a non-judicial stamp paper. 2) I have cheques for the amount loaned.

(Guest)

138 N.I act is a criminal complaint matter. Nobody force for compromise in the case if accused deposit cheque amount in court.

If court passed order in said complaint case and acquittle accused than file appeal , You will 100% sure success.


But you are correct some magistrate do this act and force to complainant to file compromise. Advocate don't oppose due to reason because they have to practice in said court.

But we have to fight for our client if any wrong with our client.


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