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v.lakshminarayanan (prop)     10 October 2011

Cheque dishonour - most urgent

dear members

i am posting after a long time.

the same message has been sent to the admn also but due to urgency, i m posting in the forum again.

i have a cheque bouncing case penfing in the local court here. the cheque amount is Rs.2 lacs. the accused approached me for settlement two years ago saying that he will repay the amount in equal instalments. he paid the first instalment of Rs.15,000 and promised to pay the balance in a few more instalments. but he did not keep his promise.

i got a letter in my hand writing trom accused acknowledging his liability and stating that the balance will be settled on a particular date. but i have not signed the letter and i have not given any receipt to the accused for the payment.

now the question arises whether i as complainant can acknowledge this letter. my local advocate says that once we do it, the criminal liability gets extinguished and only civil liability may survive. i hold a different view. he says that we have to deny receiving the letter and the payment.

i would like to hear the considered views of our honourable lawyer members on this point. as my cross is posted for 16th o fthis  month and the magistrate is not likely to give adjournment, please answer this query as soon as possible

thanks in anticipation

yours

v.akshminarayanan

palani



Learning

 7 Replies

R.Ramachandran (Advocate)     10 October 2011

Your Advocate is correct.

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com)     10 October 2011

yes your advocate is right

Arun Kumar Bhagat (Advocate (criminal))     12 October 2011

I differ from all . You are 100% right and your advocate is 1000% wrong. Making of payment during the pendency of case does not absolve the accused from the prosecution. It is settled law and solemn voice of the Supreme Court in a judgement passed in the year 2000 .

Arun Kumar Bhagat (Advocate (criminal))     12 October 2011

P.S.Sethuraman vs P.Elavazhagan on 15 March, 2010 www.indiankanoon.org/doc/112955/ See this Judgement.

1 Like

Arun Kumar Bhagat (Advocate (criminal))     12 October 2011

Honourable Supreme Court reported in AIR 2001 SC 518 (Rajneesh Aggarwal vs. Amit J.Bhalla)

Rupam Ghosh (In practice)     13 October 2011

You say that your case is sub-judice for the last two years. Before the matter goes in for evidence and trying of issues the Judges ask for the settlement between the parties, if any. Was you asked this kind anytime by the court or it is also not clear that you accepted payment with/without the knowledge of the Court. I think it wont make much difference rather it would give an opinion to the Court that despite you are willing for the settlement of the case the accused is not clear in his approach and proves his conduct that he doesnt want to pay the money. So no harm in even showing the letter to the court and you dont have to worry for not signing of that letter, because it was accused who is trying to negotiate for coming out of this case and you are helpful. So no need to worry and also have a look to the judgement suggested by Advocate Bhagat which in support to your situation. So be positive.

1 Like

v.lakshminarayanan (prop)     16 October 2011

dear members

thanks mr. bhagat and mr/ms rupam ghosh. your advice is very valuable. the court did not ask me anything about the aborted settlement. in fact, i was called for a lok adalat but the accused was not present. the district judge presiding over the adalat advised me to proceed with the trial.

further, during my cross examination, the letter given by the accused was not marked. no questions were asked about it.

if it is marked through the accused, then i will be able to deal with it, with the help of the two good judgements you have very kindly pointed out.

and my case is different from the cited cases. the accused only paid a small part of the total amount and it would not even cover a small portion of the interest. also i did not refuse to receive it.

anyway thanks very much once again from the bottom of my heart.

yours

v.lakshminarayanan

palani 


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