Under N.I. Act
Vikram Chandra
(Querist) 17 December 2008
This query is : Resolved
Dear Sirs,
The accused on the fast date of appearance reported before the court that he will pay the cheque amount by the next date of posting and accordingly he got the Demand Draft worth the cheque amount as per the case of the complainant. But the complainant is not willing to take the amount. Eventhough a memo was filed before the magistrate to close the case as the amount is being paid by the accused the court is not closing. What steps the accused can take now to close the case?
regards,
vikram.
Prashant Kumar Jha
(Expert) 18 December 2008
accused may move to court for discharge and it depends upon the court what will be the order
G. ARAVINTHAN
(Expert) 18 December 2008
Court can record the very same fact and can proceed with the case
mahendra rai jain
(Expert) 18 December 2008
dear vikram,
your Quary is incomplete in ragards the payment. means offence is complete when amount of cheque not paid within 15 days of receipt of notice. if he paid the same within 15 days from the received of notice than there is no offence made out.. otherwise it depends only on court..
Vikram Chandra
(Querist) 18 December 2008
Dear Sir/s,
Mahendra ji, as far as payment is concerned the D.D.'s were taken and submitted only on the adjourned day from the date of first appearance and the cheque amount was not paid within 15 days of receipt of notice. Further, the accused immediately after receiving the notice from complainant wanted to compromise the matter and approached him and sought some time for payment and thus could not reply to the notice of the complainant nor contacted the lawyer until the summons were served on the accused.
regards,
vikram.
J K Agrawal
(Expert) 18 December 2008
Dear Mr vikram
I agree with answers of all my friends. The offence is complete and to pay amount does not absolve you from punishment. But early payment by you is a fact of considerable value while hearing on the issue of punishment.
RAKHI BUDHIRAJA ADVOCATE
(Expert) 21 December 2008
I do agree with all the answers of all my friends. The offence is complete and to pay amount does not absolve you from punishment. But early payment by you is a fact of considerable value while hearing on the issue of punishment.
KANDE VENKATESH GUPTA
(Expert) 24 December 2008
Once the accused did not pay the amount within the period of 15 days from the date of receipt of the statutory notice as required under the N.I.Act., the offence is committed. Once, the offence is committed, payment of the cheque amount by the accused does not absolve the liability under the N.I.Act. Unless the complainant gives consent for acquittal by recording compromise, the court has to invariably convict the accused, however taking into consideration the payment of the cheque amount, the court can award nominal punishment by way if imposing fine etc., as observed by the Hon'ble Supreme Court in a reported Judgment. If required, I will be furnishing on receipt of request. My mail is:
venkateshgupta_kande@yahoo.co.in
Cell: 09885808021
