Cheque bounce case settelement
swethareddy
(Querist) 02 August 2012
This query is : Resolved
Dear sir,
my brother given a cheuque to his freind so many reasons the court given the punishment and my brother went to appeal.but now the 2 parties want to settle the issue out side the court.Then what is the procedure and what is the process.they can go for lokayukta. plz give me the suggestion
Advocate Bhartesh goyal
(Expert) 02 August 2012
After filing complaint under the provisions of N.I Act,settlement out side of court has no validity.You both the parties have to settle the matter before court.
prabhakar singh
(Expert) 02 August 2012
It requires to be compromised between the two
in the case you called appeal(but i shall call that a Revision)which must be pending before the District session Judge's court.
A Bench comprising Chief Justice K.G. Bal Krishnan and Justice P. Sathasivam and J. M. Panchal during the hearing the section
138 case between Damodar S. Prabhu and Saiyad Baba Lal laid down guidelines for
early settlement in cheques dishonour of cheques u/s N.I.Act.
The penalty for delay settlement of the cheques amount, after conviction in
the trial Court would rise steadily from 10% in District Court, 15% in
High Courts to a whopping 20% in the Supreme Court.
Therefore the convict revisionist and the complainant can enter into a compromise before district judge by paying the amount
agreed to be paid to the complainant and also in addition paying 10% of the sentenced amount in court.
Any compromise outside the court can not be legally entered into in this case.
