seema sharma ( manager) 17 November 2011
sir,
i have filed matters for s.138, and now i want to know whether i can opt for punishment of accused instead of settlement or any other fine etc.
and if i pressurise for punishment then can i make my amount lapsed/forfeited.
i want to make him punish alongwith cheque amount plus fine.
is it possible,
pls help
Arvind Sehdev (Advocate) 17 November 2011
If possible you, take the money.... Punish him some other time for something else but why waste money...
courts dont just put someone in jail for 138 NIA... That only happens in a very few cases/situations....
My suggestion is that if he is paying money in court... Take it.... press on interest but not punishment as you will delaying your matter with your own hands...
Rest is upto you...
Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com) 18 November 2011
Dear manju
the object of the NI Act is punished the accused
if you want to recover the money then you can file Suit for recovery u/0 37 Cpc. in between if the accused ready to settle then settle the matter.
feel free to call
seema sharma ( manager) 06 December 2011
accused is ready to settle , but outside he abuses my client and we don't want to settle. what is the process so that he only gets punishment. we have not greed of money. we can recover it in civil process. please guide as judge is talking of only settlement.
what are the powers of judges in S.138 case. can he force complainant to receive only amount of cheque. we want punishment also?
DEFENSE ADVOCATE.-firmaction@g (POWER OF DEFENSE IS IMMENSE ) 06 December 2011
Get money if gives otherwise recovery by civil process will take time and money.
madhu mittal (director) 10 December 2011
No, complainant can not be forced to compound the case u/s 138 Ni Act. But the magistrate has ample power to give flee bite sentence if amount of the cheque is denied by the complainant. So never tell the judge, you do not want to take the money. You should say, "whatever money is given to us, we will give receipt of it and case should be decided on merit." If accused gives the money with condition of compromise, it will not be treated as payment, because conditional payment is not payment at all. Even if you accept the money and tell the court that you do not want to compromise, there is no harm. Whatever is given should be taken, the case should be left open to be decided by the court. for compounding can not be forced, see 1.
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