N.I.Act section 138
anjaneyulu
(Querist) 13 February 2010
This query is : Resolved
I am practing as a junior advocate at Machilipatnam, Krishna District, A.P., and appearing on behalf of the accused in a Dishonour of cheque case, my doubt is my client is ready to pay the cheque amount to the complainant along with reasonable expeneses, but the complainant is demanding double of the cheque amount, if any ruling is there to support my version i.e., if the cheque amount is deposited in to the court, the Magistrate can acquit the accused or not, send your answer with relavant ruling sir,
adv. rajeev ( rajoo )
(Expert) 13 February 2010
Cheque bounce case is criminal offence. It is punishable, even it is compromised complainant can proceed with the case. If you deposited the amount in the court he will not be acquitted. It is better to contest the case.
B K Raghavendra Rao
(Expert) 13 February 2010
You move a memo of compromise in the court. The court would consider it and ask the complainant to accept the amount. You need not suggest double the cheque amount. Cheque amount plus some interest should be alright. Definitely the court would see to it that the complainant would accept it.
Raj Kumar Makkad
(Expert) 13 February 2010
There is a citation of SC vide which if the accused on the very first appearance claims that he has not received the due notice from the complainant and further that the accused is ready to deposit the amount of cheque within 15 days, such complaint shall be dismissed in limine on this ground subject to deposit of the amount of cheque by accused with the court. You can take the benefit of this ruling, if it works in your facts of the case.
Otherwise, the complainant cannot be forced to make compromise. Court can try to bring both parties to come amicable settlement. pray the court to fix the case in LOk Adalat wherein the courts seriously try to have compromise between the litigants.
