Criminal Trident Pack: IPC, CrPC and IEA by Sr. Adv. G.S Shukla and Adv. Raghav Arora
LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

anand singh (lawyer)     05 September 2012

Compromise in 138 ni act

Sir i request you all to pl clear my query.cheque bounce case has been filed against my client and evidence is going to start on next date of hearing.Now my client want to give the amount mentioned in the cheque plus any penalty etc to the complainant that thing I brought to the knowledge to the court and the conplainant but complainant is not ready to compromise and he is adamant and said it openly that he do not want the money back instead he wants the accused be behind bar.Sir my query is, Can the court order the complainant to take back the money and close the case.pl advise if any other remedy exists.my client is ready to pay the cheque amount plus penalty.Thanks in advance. 



Learning

 12 Replies

adv. rajeev ( rajoo ) (practicing advocate)     05 September 2012

IT can be referred to the mediation centre, where you can try for the compromise and settle the case. I hd come across with one ruling I will post it within two days regarding the deposit of cheque amount.

LAXMINARAYAN - Sr Advocate. ( solve problems in criminal cases. lawproblems@gmail.com)     05 September 2012

There is SC direction in the matter. Refer that case and make application in the court. If rejected in lower court go in revision.

 

Make sure that you do not admit anything in the application but just to avoid further case proceedings you want to pay as per SC citation.

This citation is posted many times in this forum by many friends.

Ashish Singla 098140 76600 (Cheque Victim's Lawyer. LUDHIANA (PB))     05 September 2012

Look Mr ahlawat this is very difficult rather imposible to deposit the cheque amount to court or to complainant without his consent  , because you had wasted the time of stipulation period of 15 days notice where you could make the payment . Now you prepre well your defence in favor of your client because there may hunderd of mistakes which complaiant would have made , you find it and defend your client . Your opponent being complainant must had did some mistake , just find it. If you are not getting it than pl post me all the documents on record , at my adress , i can try for you , dont wory.

kvss.prabhakar rao (Advocate )     06 September 2012

Try to deposit the amount cheque amount before court by filing petition under Sec 320(8) CR.P.C 

 Section 320 Cr.P.C. can be made for purposes of comparison only in order to understand the scope of Section 147 of the Negotiable Instruments Act. O.P. Dholakia vs. State of Haryana & Anr. [(2000) 1 SCC 762],

 

Bhaskaran Advocate (Lawyer)     06 September 2012

Usually court considers the plea of accused and will ask the complainant to settle the matter and close the case.   When the magistrate asks the complainant to do this he will accept that.

But always you should take care that the accused is only willing to settle since he does not have time etc and should not accept the guilt.

As per law cheque bounce case is not to recover money it is a criminal case for awarding punishment.  

 

LAXMINARAYAN - Sr Advocate. ( solve problems in criminal cases. lawproblems@gmail.com)     06 September 2012

Need not deposit money in the court , just apply and first get the order of the court.

SC has directed to pay  TEN PERCENT  fine to legal authority of your places in such matters.

Ashish Singla 098140 76600 (Cheque Victim's Lawyer. LUDHIANA (PB))     06 September 2012

Will court accept the cheque amount without consent of complainant by taking 10% penality ? 

and case will be closed by court forcefully.

LAXMINARAYAN - Sr Advocate. ( solve problems in criminal cases. lawproblems@gmail.com)     06 September 2012

You have to first apply and let the court pass order than deposit cheque and penaly in legal aid forum. THIS IS THE DIRECTIVE IS APPEX COURT, IF THE LOWER COURT DO NOT AGREE GO TO REVISION IMMEDIATELY.

Bhaskaran Advocate (Lawyer)     06 September 2012

Yes the court can close the case by accepting cheque and penalty in the absence of complainant.   It is your luck that complainant and his lawyer was not there to object it.

The court also has the liberty to dismiss the case for non-appearance of complainant or his lawyer.

But the complainant will restore the case in appeal.   So you can try this successfully if the complainant is absent.

anand singh (lawyer)     06 September 2012

thanks a lot  to all the learned legal fraternity for the valuable comments.sir one more query i have on this is ,On the next date of hearing there will be the examination in chief and cross examination of the complainant ,during cross examination ,to bring on record,should I raise this questiion ie."will you compund the case if the accused give you the amount of cheque".Further, I would request my friend solve problem to forward me the citation as promised.Thanks 

LAXMINARAYAN - Sr Advocate. ( solve problems in criminal cases. lawproblems@gmail.com)     06 September 2012

You search this section and number ot times this citation of APEX COURT  is posted here.

 

CROSS EXAMINATION IS POWERFUL SKILL AND ANY CASE CAN BE DEMOSLISHED ON PROPER CRSS.

v.lakshminarayanan (prop)     30 September 2012

dear members

if you really want to settle the matter, i would suggest that you take out a DD or banker's cheque for the full amount (including any interest) and send it by RP AD to the complainant. if he refuses, you have a good case - he is only bent upon harassing you.

the court will definitely take cognisance of your payment and can even throw out the case of the complainant. but there are citations to the effect that even full payment does not absolve the liability under sec 138.

thanks

yours

v.lakshminarayanan

palani 


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register  


Start a New Discussion Unreplied Threads



Popular Discussion


view more »




Post a Suggestion for LCI Team
Post a Legal Query