Sir,

No one can force you to compromise

Regards

Rit Arora

Advocate

Thanks for the quick revert sir. You mean to say, even if the Accused is ready to pay the case amount, I can still insist the magistrate to take penal action on him ?

already case is filed. So Settlement can be done in the court only. 

Dear Ramachary sir, what we want to check is to see if there is any possibility to punish the Accused even if is ready to pay the entire amount towards the end of the case ?

Sir,

Until the framing of notice under section 251 crpc if the accused pleads guilty then the court may ask him to pay the amount along with some fine. After that it is upto the parties.

Regards,

Rit Arora

As per recent SC JUDGEMENT  now all the court notices give a clause for compromise on cheque amount so court can force the settlement for cheque amount.even at sessions court, High court or Suprement court with some fine.

 

More ever do not remain over confident that you will win the case since thare are always fundamental mistakes in the complaint..

 

Since no law can be made perfect whatever you do and in cheque law there are so many amendments so it is easy for any accused to come out of any cheque case if proper defense steps are taken.

 

You can join us to see in many on going cheque cases where such trial can be seen.

 

 

And again even if you win in lower court the sentence and fine can be stayed and appeal can be filed by the accused on part payment and it may take years for final result.

 

A recent High court has even said that since appeal is the right of the accused so no conditions should be imposed while admitting the appeal against the trial court judgment.

 

To the querer, what is your intention in the case? You want your money or you want the accused to be punished? If punished, & go to jail, then no money. You should have initiated a civil suit along with cheque bounce case with all the relevant documentary evidences. The criminal case could be for cheque value, and civil suit for entire value. You would have seen the results. If cheque value is compromised, automatically balance would be for civil suit. Anyway, you are best do judgement. Regards, Shekhar Babu.N.V +919731110296

Dear Pavani 

Even if the accused agrees to pay the entire amount, that would not absolve him of his penal liability.

You can continue with the trail and if you win, the court can punish the accused with a prison term extending to two years and fine twice the amount of the cheque

Compromise is not mandatory. That is voluntary and depends upon your discretion to agree or not.

Thanks esteemed professionals for your responses. 

Dear Shekahr Sir, Our intention is to recover the money, but as our advocate suggested, we approached the cheque bounce route for faster resolution.

As we have already started on a cheque bounce case, we were trying to see if I can pressurize the Accused by means of not compromising even if he is ready to pay Rs.9 lakhs, so that he can pay the total amount even without going for a civil suit.

 

 

 

 

 

To the querer, advocates are there to guide. Pl know that the 138NI, with its latest amendments, has good teeth to nail the accused, but the complaint needs to be proper, backed by proper evidence. Moreover, the civil suit is the best way instead of criminal cases. The way a person is made to stand as criminal, he is bound to demolish the evidence, with personal grudge. In civil suit it is not so. For your information, I myself won close to 7 cases in 138NI as an accused. Regards. Shekhar Bangalore +919731110296

Yes shekhar is right , it is easy to win a criminal case

Accused in cheque case pl show us your papers  for easy win.

Adv. Mary, basic thing in 138NI, a legally enforceable, debts or other liability is to be established as on the date of issue of cheque to the extent or more than the cheque along with direct or impounded authority to sign the cheque against the accused. Then only offence under 138NI can be established. If any one of these two are not present in the complaint, the case is duty bound to be dismissed. Hope I have clarified. Shekhar Babu. +919731110296

Further, Adv.Mary, even the blank cheques that have been issued, the same argument applies. The blank signed cheques are issued by the accused to the complaint. The complaint should have implied authority to fill the cheque and present for negotiations. This status any accused will not accept, of giving implied authority to complaint, since the case goes against him, if accepted. This being the state, the accused does not know the value of cheque, by not completing his authority by filling the cheque in toto & the complaint does not have the implied authority to fill the cheque, the case ceases to became case under 138 NI. Trust above is understandable. Regards Shekhar babu.N.V. Bangalore +91973110296