compromise in 138 ni act done in lokadalat, the compromise cheque was given by the accused but that cheque also got bounced, is second complain is maintanable under sec 138 NI Act
shweta thakur (na) 28 September 2017
compromise in 138 ni act done in lokadalat, the compromise cheque was given by the accused but that cheque also got bounced, is second complain is maintanable under sec 138 NI Act
shweta thakur (na) 28 September 2017
Please guide me can i file a second complain, its a bit urgent..
SHREY DAMBHARE 28 September 2017
Yes it is maintainable, You can file fresh Complaint before magistrate after issuing them fresh legal notice. You should give these facts in fresh Complaint that you received these cheques out of settlement, Yes it is maintainable, You can file fresh Complaint before magistrate after issuing them fresh legal notice. You should give these facts in fresh Complaint that you received these cheques out of settlement. This is criminal case under Cr.P.C. so here this is not case of Res-judicata or double jeopardy as there was settlement. So, fresh complaint is maintainable.
Siddharth Srivastava (Advocate) 28 September 2017
Yes it is maintainable. Get also reopened the earlier case also.
shweta thakur (na) 28 September 2017
Sir,
R u having any judgement on this point which is reported case law of Supreme Court Full bench or Division bench, because in 2008 & 2016, supreme court has passsed a judgment regarding this that the complain is not maintainable.
So kindly give me any full bench judgement of supreme court on this point.
shweta thakur (na) 28 September 2017
Sir, R u having any judgement on this point which is reported case law of Supreme Court Full bench or Division bench, because in 2008 & 2016, supreme court has passsed a judgment regarding this that the complain is not maintainable. So kindly give me any full bench judgement of Honrable supreme court on this point
Siddharth Srivastava (Advocate) 28 September 2017
shweta thakur (na) 28 September 2017
is there any citation