N I act 138 compromise

DEAR,

THE ATTACHED IS THE PROCEEDURE FOR COMPROMISE THE 138 CASE---

there is only one querry about this citation is if the complainant do not agree still compounding can be ordered.

We have achieved this in few case but does the citations madates this.

THE WHOLE CITATION SAYS TO MAKE COMPOUNDING BY PAYING PENALITY AS SUGGESTED. THE ROLE OF COMPLAINANT NOT ACCEPTING IN SUMMON CASES IS  THE DISCRITION OF THE CONCERN COURT TO PASS APPROPRIET ORDER UNDER THE CIRCUMSTANCES OF THE CASE & INTEREST OF JUSTICE.

FINALY I OPINION AS PER MY KNOELEDGE OF THE CITATION COPLAINT SHALL COMPRIMISE FOR THE CHQ AMOUNT ONLY NO OTHER ASPECT. 

Yes but the word compounding means agreed by both parties. What if the complainant do not agree and insist for continuing the case.

The Cheque amount is Rs 56,000/- and my Client (accused) is ready to pay the amount and the same is admited in the petition by the accused in his first appearance before the Judicial magistrate. The JM has given next date and ask the accused to settle the litigation cost  etc outside the court with the Opposite party advocate. as without the consent of the both party compromise is difficult.

now the OP advocate asking Rs 15,000/- extra . So it is too costy compromise as per my view. Kindly tell me is there any provision of law or judgement under NI act where accused is ready to pay and what should the resonable cost in this regard.

Cheque bounce on - Dec2010

Case File on Feb 20111

Regards