Negotiable instrument act138
vinodkumar
(Querist) 30 July 2011
This query is : Resolved
in above subject mater, criminal case filed returne cheque amount is Rs.5000.the accuased is ready to pay the cheque amount but the complaintant bank is demand ioan amount Rs.20,000. what is leagle remady. we face all trial or deposit the cheque amount in the concern court.?
prabhakar singh
(Expert) 30 July 2011
I feel sorry for the way you have put facts so that a forum member has to decipher what you mean??
okay. it seems bounced cheque was issued for 5k but amount due is 20k,you want to settle for 5k but bank asking total 20k.
SIMPLE PAY WHOLE DUES IF YOU WANT TO COME OUT PEACEFULLY OR CONTEST,NO OTHER OPTION.
THANKACHAN V P
(Expert) 30 July 2011
If the complainant is not ready accept cheque amount reasonable cost(may be 2000/)bring it before the notice of the and court may allow you to plead guilty for a reasonable amount.
M V Gupta
(Expert) 31 July 2011
I agree with the views of Mr. Thankachan. The Bank cannot insist for payment of the entire loan amount in these proceedings.
DEFENSE ADVOCATE.-firmaction@g
(Expert) 31 July 2011
This is criminal complaint not civil case and compounding is possible only with consent of both so it can not be forced on complainant.
So it is reasonable tactics of the bank to ask for whole amount of 20k even if the cheque is only for 5k or face conviction.
Surrender K Singal
(Expert) 31 July 2011
Criminal proceedings can not suffice for civil procedure for recovery of loan
DEFENSE ADVOCATE.-firmaction@g
(Expert) 31 July 2011
By persuing the case of 5k the bank is posing threat of conviction so in the fear the accused may compromise to pay remaining balance. This is tactics not law.
similarly for accused if you fight , you can just stall the case for bank to come to your terms.
Mohd Musabbir Ansari
(Expert) 31 July 2011
Mr. Kumar
In cheque Bounces cases, accused is strictly liable to pay cheque amount. Further accused is liable to pay other claims if proved beyond reasonable doubt.
It is worth to note that complainant is at liberty not to settle the case only taking cheque amount.It is trite law that accused has no right to compell the complainant for settlement. It can be done only with permission of the Court.
However good thing for you is that now a days Judiciary has become so active that it has felt time and agin that it is not a recovery agent. Therefore Court impose a cost on the Accused and ask the accused to plead guilty and pay just cheque amount for the purpose of safeguarding Accused interest and for the speedy administration of justice.
