Compondable officence under negotiable instrument act
k.Satyanarayana
(Querist) 23 November 2012
This query is : Resolved
After filing of the case u/s.138 NI Act and before plea, the accused made / cleared the cheque bounce amount by corresponding with complainant without the knowledge of the court. Can accused file application/memo before the court for closing of the case or is it necessary that complainant or any person who are party to the case should accept for the compoundable of offence and file memo before the court. Pl quote citations about withdrawing of cases on application by accused to close the case as he has cleared the dues.
ajay sethi
(Expert) 23 November 2012
the complainant should make an application before court that it has received full payment of the cheque amount and to permit the complainant to withdraw the case .
ideally accused should have made application for compounding before court and then made payment
Raj Kumar Makkad
(Expert) 24 November 2012
Accused can still make an application seeking compounding with 10% extra money than written on cheque amount. This application can be got accepted and then he has to clear the amount and thus the complaint can be got dismissed even without the acceptance of the complainant.
k.Satyanarayana
(Querist) 06 December 2012
Dear Sir petitioner filed civil suit before civil jduge (Jr Dvn) for permanent injunction . thereafter one year when the matter still before the above court, petitioner filed one more civil case before Civil Judge(Sr Dvn) on the same cause of action for injunction and declaration. whether party can suit more than one suit on the same cause of action for different prayer
Raj Kumar Makkad
(Expert) 06 December 2012
The subsequent suit can be got dismissed under section 10 of Civil procedure code so move an application and get this done.
