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(Guest)

I NEED A HELP IN 138 SECTION

IF SOME ONE PAY THE AMONUT IN SECTION138 ( CHEQUE BOUNCED)  AT HIS FIRST HEARING IN COURT  ..IS OFFENCE STILL STANDS ?



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 9 Replies

Manasi Save (Legal Practioner)     06 May 2009

No the offence does not stand. Its compounded 

1 Like

Shilpee (Lawyer)     07 May 2009

This is a compoundable offence and once the accused has given  the amount back he is discharged from criminal libility and no further suit will be permitted by law to be intituted for the same cheque.

1 Like

Shilpee (Lawyer)     07 May 2009

This is a compoundable offence and once the accused has given  the amount back he is discharged from criminal libility and no further suit will be permitted by law to be intituted for the same cheque.

1 Like

RADHA PYARI SRIPADA (ADVOCATE)     07 May 2009

payment by itself does not exonerate him from liability under s.138 unless the other party is also willing to withdraw the complaint. In that event, the concerned court has the discretion to dispose of the case. Hence such payment does not ipso facto discharge the accused automatically.

Radha Pyari.S 

1 Like

Manasi Save (Legal Practioner)     07 May 2009

I would just like to answer the query in specifc after reading ur PM. The question above asked gives the impression that as the amount is paid in the Court the opposite party has accepted the same. But ur PM made it clear to me that the opposite party is in no mood to compromise, So I would have to modify my advice by agreeing with Radha Pyari Madam. The Offence will be compounded provided the opposite party agrees to ur amount.     

1 Like

(Guest)

thanks to every one ...

K D Pande (Advocate)     25 August 2009

After intiating of complaint payment can not be stopped proceedings untill the complainnat withdraw the complaint.No effect on proceeding.

PJANARDHANA REDDY (ADVOCATE & DIRECTOR)     11 September 2009

NOW LOKADALATH PLAY THESE ROLE ,VERY EFFECTIVE AT ANY STAGE OF THE CASE WITH CONSENT OF COM.&ACCU

RAKHI BUDHIRAJA ADVOCATE (LAWYER AT BUDHIRAJA & ASSOCIATES SUPREME COURT OF INDIA)     20 July 2010

No.It would not counted then as offence.


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