LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

RKJAYAKUMAR (Advocate)     07 July 2014

Cheque amount paid at the time of trial ni act

sir,

Cheque amount paid at the time of trial ni act is there any judgement to acquittal the case.

or

part amount paid and it was endorsed by the complainant and a memo was filed in the court
 is there any judgement regarding this aspect

thanking you all



Learning

 6 Replies

M.Sheik Mohammed Ali (advocate)     07 July 2014

As per NIA law either settle the amount or punishment, so no need to any citation,

dont worry magistrate will pass order based on acquital. 

498A-filed (Advisor)     04 September 2014

You can compound the case by making the full payment on the first date itself. But at a later stage, even if you are willing to pay, compounding can only be done with the consent of the complainant. 

There is no provision in NI act where the accused can compound the case at any stage without the consent of the complainant.

R Trivedi (advocate.dma@gmail.com)     07 September 2014

If the part amount paid before the dishonor of the cheque, then complainant cannot demand full amount.

 

If accused is willing to make the full payment, then he can move an application with the trial court, matter will be compounded. The offer by accused can come up even up to the SC level. Generally courts will not consider objections of complainant on compounding, as the court rightfully can impose a penalty of around 10% as per SC order.

498A-filed (Advisor)     07 September 2014

I respectfully disagree with expert R. Trivedi. 

Suppose someone is convicted in 138 NI and he is awarded a punishment of 1 yrs SI plus fine of cheque amount, then in Mr. R. Trivedi's view, the accused can compound the case by simply paying the cheque amount + 10% without the consent of the complainant in the high court. 

If this was the case, then no body would ever fear a 138 NI case. But it is not true. Yes if the accused makes a settlement with the complainant then the case can be compounded at any stage of the case even till supreme court.

R Trivedi (advocate.dma@gmail.com)     08 September 2014

498A-filed,

 

You are right, this point has been raised by me in my below article (at the end Sr#5)

https://www.lawyersclubindia.com/articles/Cheque-Bounce-Law-Incorrect-Interpretation-by-courts--6101.asp#.VA0eO8KSxA0

 

But unfortunately thats how it is, the compounding order of Hon SC in Damodar Prabhu does not talk about objections of complainant. Ideally there should be no compounding if the trial court judgement is of conviction.

498A-filed (Advisor)     08 September 2014

I invite other experts with practical knowledge to through light on this subject.

 

R. Trivedi sir, in my case which I have filed against my wife, cognizance has been taken u/s 420 IPC & 138 NI. Can my wife compound the case without my consent? Please give your views. Thanks.


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register  


Related Threads


Loading