Raghav Arora 28 July 2025

Ni act matter compromised. now the original cheque is needed to be returned

We filed a 138 complaint back in Jan 2025. Now the parties have come to a settlement.

The accused says he is ready to pay up and wants the original cheque to be destroyed and the complaint to be withdrawn.

My remedy lies under 258 CrPC?
Or should I put an app under Order 13 Rule 9 CPC for return of docs?
Or go under 321 CrPC for withdrawal?
Or 151 will work?

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Quick Summary

A Section 138 NI Act complaint has been settled, and the accused wishes to pay and have the original cheque returned. The discussion explores various legal avenues for withdrawal and return of documents, including Section 258 CrPC, Order 13 Rule 9 CPC, Section 321 CrPC, and inherent powers under Section 151. It highlights that Section 138 is compoundable, allowing parties to settle. To retrieve the cheque, filing a copy application and then petitioning the court for its return by substituting a certified copy is suggested. Ultimately, the focus is on compounding the offence with court approval after payment.

2 Replies

T. Kalaiselvan, Advocate (Advocate) 28 July 2025

A written compromise agreement must be filed in court.

- Both parties must jointly request the court to withdraw the complaint through compounding.

2. The court, upon satisfaction, permits the withdrawal of the case and closes proceedings against the accused.

Alternately:

A cheque bounce case is initiated as a criminal complaint, but the offense under Section 138 is considered compoundable. -

Compounding allows the complainant and the accused to settle their dispute and close the case. This is equivalent to withdrawal.

For getting back the cheque from court, you may file a copy application to obetain certified copy of the cheque and then file a petition before the same court to return the original cheque by replacuing the certified copy of the cheque for the reasons you erly upon

1 Like

P. Venu (Advocate) 28 July 2025

The accused can clear the debt and one it is paid, the complainant can withdraw the proceedings with the approval of the Court. It is of no consequence whether is destroyed or returned back.