138 of N.I.ACt

Querist : Anonymous (Querist) 30 June 2011 This query is : Resolved
Dear Sir,

I have filed one matter against the Accused under section 138 of the N.I.Act.
When the matter was kept at last stage for (argument), the accused proposed for settlement and consented by the complainant and MOU for settlement was filed in court.

sir my query is the accused has given 30 cheques for settlement of an amount. and the magistrate is insisting to withdraw the case filed against the accused. my apprehension and belief is that after withdrawl of the matter he may bounce his cheque given as a settlement for the case. Now i came to know that there is a supreme court judgement if the accused has given the cheque for settlement of a case then that settlement cheque does not comes with in purview of section 138 of N.I.Act. or if not i have to file fresh case agaisnt the accused.

2. and any judgement of supreme court that would protect my case in case of bounce of a settlement cheque, the Ld. magistrate was also pointing that there is a supreme court judgenment even in case of settlement of case, he will protect the complainant by convicting the accused and in case of any bounce of any settlement of cheque the complainst shall take the warrant against the accused.

kindly guide me, the amount involved is so high. (one of the clause in MOU is the both party will take the dates till whole settlement cheque will get honour).

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Ravikant Soni (Expert) 30 June 2011
(one of the clause in MOU is the both party will take the dates till whole settlement cheque will get honour).

How can it be possible for the court waiting 30 consistent dates for want of all the cheque be honored??

It is the law that settlement cheque does not confer fresh cause of action. .

If you are complainant side then you should recover all amount first and then withdraw your complaint.
otherwise if any of cheque dishonored you will have to file civil suit to recover such amount.

prabhakar singh (Expert) 30 June 2011
Expert : Ravikant Soni is right

Ajay Bansal (Expert) 01 July 2011
AGREED WITH RAVIKANT.

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