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CHEQUE BOUNCED CASE ...

HELLO

my land lord filed a case against me of 138 cheque bounce. at the same time he filed one more case of rent
i have not paid him from last one year . now both the cases are in mohali court with diffrent jugdes.
he filed a cheque bouce case last year in aug 08 ( rs 11445/-) but i submitted a draft of the same amount in court on first hearing.but he did not accepted the draft and the draft is on file still.that cheque was a related to rent of nov 08.now i even paid his balance rent of one year in court , he has accepted the rent in court , and is on record . i got that record paper which is showing that he even accepted the payment of nov month , i submitted that payment recived paper issues by court in upper court where my cheque bounce case i going on . now my land lord is saying to jugde even payment is made but offence is still there .. please help me .. i made him payment ..i need some judgments whichcan help me in this 138 case ..
thank you

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NANDKUMAR B.SAWANT.,M.COM.LL.B.(MUMBAI),ADVOCATE

MOBILE.09325226691, 09271971251

e.mail.adv.nbsawant@yahoo.co.in

e.mail.nandkumarbs@sify.com

REGARDING THE CHEQUE BOUNCE CASE AND CIVIL SUIT FOR RECOVERY OF RENT KINDLY NOTE THAT.

1.THERE IS NO BAR ON FILING CRIMINAL CASE AND CIVIL SUIT AS IS FILED IN YOUR CASE.

2. ABOUT CHEQUE BOUNCE CASE YOU MAY FILE A DISCHARGE APPLICATION IN THE CRIMINAL COURT WHERE THE N.I.ACT ,SEC.138 CASE IS PENDING AND MENTION ALL FACTS AND PRAY FOR DISCHARGE FROM THE CASE.

3. YOU NEED NOT WORRY ABOUT THE RESULTS OF THE CASE AS NOW DUE TO AMMENDMENT IN N.I.ACT. THE CASES UNDER SEC.138 ARE MADE COMPOUNDABLE.

4. YOU KINDLY SEND EXACT DETAILS OF CHEQUE BOUNCE CASE, WILL DEFINATELY HELP YOU.RECENTLY ON YESTERDAY I GOT ONE ACCUSED ACQUITED IN CHEQUE BOUNCE CASE UNDER N.I.ACT SEC.138

THANKING YOU

YOURS FAITHFULLY

NANDKUMAR B.SAWANT.M.COM.LL.B.(MUMBAI),ADVOCATE

Anil Agrawal (Retired) 24 June 2009

Can any lawyer friend post following judgements on this website:

(1976) 1 MLJ (Crl) 580 (Mad)

T. Murari versus The State: Asst. Registrar of Companies.

Abdul Huq v. Katpadi Industries Ltd. AIR 1960 Mad 482, 483,

S. S. Lakshmana Pillai v. Registrar of Companies [1977] 47 Comp Cas 652 (Mad); [1977] T.L.N.J. 11

Dharmesh Manjeshwar (Advocate/Lawyer) 25 June 2009

Mr. Sandhu, Your landlord is correct when says payment made but offence is there. 138 N. I. proceedings are criminal proceedings to try the offence and punish the guilty. You committed an offence u/s - 138 N. I. act, the moment you failed to make payment to your landlord after 15 days from the date of receipt of his demand notice. In 138 proceedings, your are going to be tried for that offence and punished if proven guilty. But when the court sees that the accused is ready to pay and the complainant is not ready to accept the payments, but wants the Accused to be tried for the said offence, it may take a lenient approach towards the Accused.