Negotiable Instrument Act.
Gaurav Pandya
(Querist) 27 June 2009
This query is : Resolved
For the accused side in M. P.'s District Court @ Jabua - The Stage is Recall of Bank officer.
(1) Complainant has not filed complain with cheque return stemps on cheques ?
After when they give the original check they get the stemps on cheques.
Is this point useful ?
(2) The cheques were of Security Deposit.
Than in N. I. Act it is useful to accused that the cheques were for the security deposits not for payment ?
(3) In core banking,
(A) there are not charges cut from account for cheques return ?
(B) The cheques were return after 4 days in local clearing and even though there are not stamps on cheque ? Is this complain maintanable ?
Is this point useful ?
(4) What will happen, is it possible, If the accuse dont want to go with more dates & proceedings and he is ready to pay the amount of cheques as compromise.
What will be thinking of the court ?
Please give me the detailed replies, and if possible than with citations...
mahendra rai jain
(Expert) 27 June 2009
Ans.1- only cheque retutn memo is sufficient, but plz clear about cheque return stemps??
Ans. 2 there are lots of citations which clears doubts regarding cheque against security. actually it is based on circumstances of case.
Ans. 3 complaint is maintable
Ans. 4 If accused want to pay the amount he/she can do. as per sec. 147 of the act offence under this act is compoundable. if both the parties are ready to go for compromise than court will apreciate.
Kiran Kumar
(Expert) 27 June 2009
Mr. Jain has given a good advice to u,
make sure the payment is made if possible let the matter be compromised.
a lot of judgments u ll find on this point as well.
also see Krishna Janardan Bhatt v.s Dattatraya G. hegde, its 2008 judgment of SC.
Gaurav Pandya
(Querist) 28 June 2009
(1) Compormise can not be done b'se complainant deemands more than 3 lac Rupees.
(2) Cheque return stamps were not on cheque when complain was admitted to the court, but when complainant produce to the court in his cross examination, than there where stamps on cheques...
