Ni act case - part payment during trial
Soujanya
(Querist) 12 March 2016
This query is : Resolved
Dear Sir
I filled a NI act case on one company wherein they dishonored one cheque of Rs.20 lakhs in the year 2008. The case came to trial in 2011 and we submitted all the evidences and final affidavit. The accused did not attend the court between 2011-2016 till last week. NBW was issued and he was arrested last week and released on the bond. Since the case is pending since last 8 years court instructed to commence the balance trial immediately.
In 2014 he came to me and agreed for the settlement and written the agreement to pay the amount with 10% simple interest from 2008. He cleared part amount in 2014 and the same was sufficient to take care of the agreed interest.
Pl advice the following:
a) during the trial shall we disclose the said agreement (the accused may deny the agreement eventhough he signed) and inform the court about the receipt of the part of money.
b) If it is informed to the court either by accused or me, will it be treated as the part of the cheque amount and instruct them to pay the balance only.
c) As the payment was received in 7 th year and the same was towards the interest only, can we present the same to the court.
d) The accused avoided the court for almost more than 5 years and now i understand that he may pray the court that he has paid some amount against the cheque and he will pay the balance and request the court to relive him. Is it possible.
Kindly advice
Isaac Gabriel
(Expert) 13 March 2016
The court may grant time extension.But the case will not be closed.
