Giving back banker cheque to accused
Madhu Mittal
(Querist) 09 June 2022
This query is : Resolved
A loan was given on the basis of a post dated cheque of Rs. 100000/-, when that post dated cheque was presented in December 2020, cheque was dishonored , notice u/s 138 was issued duly served as per postal track report, and a case u/s 138 was lodged, cognizance taken, Summon was issued and served on the accused by Regd post as per postal track report, thereafter Accused was called by Bailable Warrant which were duly executed. after execution of bailable warrant, on first hearing on 22.04.2022, A banker cheque equal to face value of amount of dishonored cheque was given in the court and accused put the condition of withdrawal of case. Complainant told accused to give interest @ 18% p.a. from the date of dishonor of cheque i.e. 15.12.2020 to 22.04.2022 + prosecution cost. On this accused refused to give more than face value of cheque. Now the hon’ble trial court gave the banker cheque back to accused without taking it on record.
So please let me know whether
1.Is it correct on the part of hon’ble trial court to give it back to accused without taking it record?
2. What should have been done by the complainant on 22.04.2022 ?
3. . What should the complainant do now ?
3. Can an application u/s 216 crpc for adding the offence u/s 422 IPC be made now ?
Any other guidelines , if possible citation also.
Dr J C Vashista
(Expert) 12 June 2022
The offence u/s 138 NI Act has been made compoundable by Supreme Court overruling Meter and Instruments V Kanchan Mehta judgment on payment of cheque with reasonable amount, even if complainant do not agree.
