Cheque boumce

You have not mentioned whether the 138 NIA case was disposed off - which is generally not done if case is referred to mediation until the settlement terms are fully complied with and report is submitted with the court. If this be the case, you simply apprise the court by way of an application that the mediation proceedings have failed due to non-adherence to the settlement clauses and case proceedings will be taken up from the same stage the case was referred to mediation.

If the case has been dispose off on your statement recorded by the Magistrate, you can file a contempt application in the same court and request the court to take cognizance of such default by the opposite party. This is very seriously viewed by the courts and should be through competent advocate only.

Sir we had not withdrawn our case. we didn't went to mediation centre. Accused proposed us in the court to pay our money in 12 installments & we accepted the same. Same day he paid Ist instalment & agreed to pay every month but didn't paid next instalment. our court date is on 12 Aug. As he had default in his instalment we believe that he is wasting our time & we should prosecute him. my question is if we start prosecution process from this date how much time it will take as he had already acknowledge our payment in the court. what will be court action against him.

The same procedure of trial will go on and at the time of sentence this aspect of his admission will be taken in account.

Sir, Pls confirm if accused can still plead innocence. As he had already acknowledge the payment, still evidence & cross examination require or directly punishment?

Pls. advise