Hi . A cheque case was in court for Rs. 10,000/- from 2004 , accused surrendered himself with compromise by paying said amount in Court and complainant accepted well and took back the case on dt. 05/10/2010. Same Complainant had another blank cheque in custody , he presented a cheque of Rs. 70,000/- on 23/09/2010 (returned ), notice on 07/10/2010 , complaint and sworn on 03/11/2010 with the claim of outstanding of Rs.74,505/- towards accused everywhere . Complainant submitted in court during proceedings , two years ( 01/04/2010 to 31/03/2012 ) record of accused showing same outstanding amount of Rs. 74,505/-. But Complainant skipped to take credit of Rs. 10/000/- in his books of accounts , so recieved in Court by the settlement of earlier case . He maintained throughout outstanding as Rs. 74,505/- instead of Rs.64,505/- , just to keep the accused under the limits of 138 NIA , instead of civil proceedings. ( next stage of case is cross examine )
Q1 : How effectivally and at what stage Sec. 340 CrPC R/W 195(1)(b)(i) & (ii) will work ?
Q2 : How 138 NIA can to be put to end ?