Cheque bounce
shreepad
(Querist) 24 June 2013
This query is : Resolved
The complaint filed c.c. case regarding bounce amount. that was ended in compromise for mutually understanding between the parties out side of the court.but as per mutually understanding the accused issue cheques for the said amount, dint full fill the same.again dishonour of the said cheques. the complaint again filed the c.c. case. what is the legal effect of accused side? what is the consequences? how to defend in favour accused?
Devajyoti Barman
(Expert) 24 June 2013
The compromise shall have no effect of the case has not withdrawn in the meantime.
Fresh case can be filed against the defaulting party.
Tarun Thakur
(Expert) 24 June 2013
whether the complaint was withdrawn by complainant by giving statment or any compromise deed mentioned in order ?
DEFENSE ADVOCATE.-firmaction@g
(Expert) 24 June 2013
You must have withdrawn the case so now you have missed the bus.
You can now file only civil case for financial liability only and not NI 138.
Advocate Bhartesh goyal
(Expert) 25 June 2013
ADVOCATE DEFENCE is absolutely right after compromise and withdrawal of case,New case on basis of cheque issued in compromise is not legally maintainable.
S.C in criminal appeal no 818 of 2008[arising out of SLP[criminal] no 4167 of 2007]decided on 6.5.2008 titled as Lalit Kumar Sharma & others vs State of U.P & others ruled as under :-
Negotiable Instruments Act,1881,sec 138- Dishonour of cheque-complaint-parties compromised-A new cheque in lieu of cheque dishonoured issued-second cheque also dishonoured-complaint on the basis of second cheque is not maintainable as second cheque issued in terms of compromised does not create a new liability-As the compromise did not fructify,the same can not be said to have been issued towards payment of debt.
