Regarding the part payment of the cheque
Adv M.D.Azhar
(Querist) 30 December 2012
This query is : Resolved
sir,i heard from the one senior advocate thatpart payment of the cheque amount can not be accepted in a court is it true? or yes so which kind of application should be givn for discharge of the accused or in which court is theier any guide line for me of any authority of the gujarat high court or s.c. court for the discharge if yes so please help me out because my client has been paying 5000/- rupees in each adjournment out of 50,000/- rupees.
ajay sethi
(Expert) 30 December 2012
what is important is that accused is paying you RS 5000 per date out of total dues of Rs 50,000 . if dates are given every motn you will receive full payment within period of one year .
mutual settlement between parties is best option
prabhakar singh
(Expert) 30 December 2012
It can be done by compromise with party(complainant),no other way,court would not order part payment on its' own,no case law is there for your help.
Nadeem Qureshi
(Expert) 30 December 2012
Dear Azhar Sahab
If the accused is ready to pay the amount but not one time, request to the court and send the file to mediation for settlement and if in mediation the complainant is ready to settle the matter and accept part payment, court have no objection in this regards.
In the end of the day, the court want to close the case either by settlement or by judgment.
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