Negotiable instruments act
Jay Prakash
(Querist) 14 January 2012
This query is : Resolved
Sir,
we are the accused in one matter. We paid the complainant entire amount of the cheque towards settlement of dues.
He has admitted the same before the magistrate but still wants to continue the case for the recovery of the interest.
...If his sole aim is to recover the dues from us (which he has already received) then can he continue the case under the said act?
If his aim is to recover the dues then proceedings Under Sec. 138 cannot apply as they are purely criminal and not civil.
please share your views.
Deepak Nair
(Expert) 14 January 2012
Sec.138 of negotiable instrument Act is only with respect to the amount in the cheque.
If the amount in the cheque is still not paid fully, he can proceed with the case.
V R SHROFF
(Expert) 14 January 2012
I understand, after due process of NI , and Examination of Parties, you enter into settlement. and paid cheque amount.
It does not solve your problem. Your Advocate should have Obtain undertaking, and a Application that he withdraw the Complaint.
If it is not done, Complainant will ask his justified loss if interest, as well as legal Expenses, as well as RISK COST,
In fact it is very dangerous, as you already accepted your Liability, and your Criminal Act, and become WATER TIGHT CASE. IT INCREASES THE BARGAINING POWER OF COMPLAINANT.
So HE CAN continue the case under the said act.
It may reduce your punishment, that's all
Advocate. Arunagiri
(Expert) 14 January 2012
The offense is made out on the 16th day of the advocate notice. If you settle the money due during the trial stage, you are not automatically relieved from the criminal case, the complainant ought to withdraw the complaint.
venkatesh Rao
(Expert) 14 January 2012
Payment of the cheque amount and interest never obsolve you from criminal liability. Unless withdrawn, case never ends.
Devajyoti Barman
(Expert) 14 January 2012
Yes I agree with last tow replies.
Unless the offence is compounded mere payment of money would not dismiss the case automatically.
ajay sethi
(Expert) 14 January 2012
agree with experts
Sushil Sharma
(Expert) 14 January 2012
agree with the experts as case never ends till its withdrawn but if you pay the cheque amount there is no offence now.
Raj Kumar Makkad
(Expert) 14 January 2012
Sushil! Court has to see whether on the day of filing the complaint, the accused had paid the amount of cheque or not. If acused makes payment during the trial of the complaint then it depends upon the complainant to withdraw his complaint or not.
M/s. Y-not legal services
(Expert) 14 January 2012
already you got detailed answers..
but arunagiri sir, "The offense is made out on the 16th day of the advocate notice"- what you mean for this..
-tom-
R.Ramachandran
(Expert) 15 January 2012
Dear Mr. Tom,
The holder of the cheque has to issue statutory notice of 15 days period to enable the drawer of the cheque to make good the money of the cheque which stood dishonoured. If the drawer does not make good the money value of the dishonoured cheque within the statutory notice period of 15 days, then on the 16th day the offence gets committed. In other words, if the drawer makes good the money within the notice period, no complaint under sec. 138 is maintainable. Technically speaking Complaint u/s. 138 is maintainable, even if the drawer makes the payment after the 16th day but before the institution of the complaint. But in those cases, the Magistrate will be circumspect enough to entertain or dismiss the case. However, once a complaint u/s. 138 is instituted and after that if the accused makes the entire payment, then also the complaint can proceed, unless the complainant withdraws the complaint, as the offence stands committed.
V R SHROFF
(Expert) 15 January 2012
Why not last 3, Dear Mr. Barman?, any obj
Advocate. Arunagiri
(Expert) 15 January 2012
I also join with Mr.Shroff in asking the same Quiz to Mr.Barman.
Advocate. Arunagiri
(Expert) 15 January 2012
Mr.Ramachandran,
You have give a detailed info of the 16th day.
Mr.Tom,
I trust you got clarified with the opinion of Mr.R.Ramachandran.
prabhakar singh
(Expert) 15 January 2012
"we are the accused in one matter. We paid the complainant entire amount of the cheque towards settlement of dues."
BUT WHEN?? AND AND ON WHAT?? TERMS.
MUCH OF OUR DIFFERENCE IS CAUSED BY YOU PEOPLE NEVER DISCLOSE FACTS WITH CLARITY AND WE OFTEN TAX OUR BRAIN TO GUESS FACTS IN OUR OWN WAY AND THAT LEADS TO DIFFERENCE OF OPINION.
V R SHROFF
(Expert) 15 January 2012
Dear Mr Barman , we await ur reply.
Tom , what Arunji said is absolutely correct. Offence committed on 16th day of notice.
Dear Tom, Get ur position fast, we will celebrate. Best of Luck.
Shonee Kapoor
(Expert) 15 January 2012
Nothing left to add.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
M/s. Y-not legal services
(Expert) 15 January 2012
thanks ram sir for answered my doubt.,
but my question is, as per the given information accused paid the cheque amount., but but he didnot speak any thing about the date of payment. [before or after case]. but arunagii sir talked about 16th day., so am confused..
anyway thanks to all for strained to clear my doubts.
-tom-
Deepak Nair
(Expert) 16 January 2012
But Mr.Barman's reply to Shroff sir's question still remains unanswered??
Advocate. Arunagiri
(Expert) 16 January 2012
Yes Mr.Barman ought to answer, it is violation of fundamental rights.
