varghese (drvargheseae@gmail.com) 09 March 2011

Cheque Bounce Case - Compromise

Compromise means accepting the crime and refunding the amount. But in my case, its not like that

I have paid the entire cheque amount well in advance and requested the return of the cheque, but instead of returning the cheque, he presented the cheque and got bounced. He was trying to cheat me. when the cheque bounced, he filed a case US 138 NI

pl advice what should i do, he is requesting for compromise

thnks

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10 Replies

Praveen Goud Vanga (Advocate) 09 March 2011

very simple ask him to withdraw the complaint filed against you by filing a petition u/s 147 of NI act

Dharmesh Manjeshwar (Advocate/Lawyer) 09 March 2011

have u replied to his 138 notice ?

seenu (seenu.nsb@gmail.com) 09 March 2011

once we file an application under section 138 and 142 N I act and the honourable court taken objection that there was 4 days delay can we file delay conodotion petation along with representation of application?

Dharmesh Manjeshwar (Advocate/Lawyer) 09 March 2011

yes ......... u can file an application for delay condonation alongwith ur 138 complaint

seenu (seenu.nsb@gmail.com) 09 March 2011

how explain in details with case law

seenu (seenu.nsb@gmail.com) 09 March 2011

@dharmesh

how explain in details with case law

Dharmesh Manjeshwar (Advocate/Lawyer) 09 March 2011

this is common practice ..... no need of any case laws ... discretion lies with the Magistrate whether to condone the delay or not depending upon ur grounds for the delay caused

Advocate Anuj Anand (Advocate) 09 March 2011

Please let us known the following details:- 1) When was the loan taken. 2) was there any written agreement. 3) Why /reason the cheque got . 4) When was the notice sent to you. 5) when was the case filed.6) how did you give him payment

Please note if a person has duped you by filing case or issuing you notice then no purpose would be served by moving application u/s 147.