Saptarshi Paul (Advocate) 02 May 2011
Accused is ready to pay the amount of cheque bounce in DD, in the first appearance after receiving Summon. Is it necessary to appear the accused physically or is it enough the pleader can take the steps on there behalf without presenting the accused. If the accused pay the entire amount after receiving the summon then is there any possibility that Court impose any penalty or cost kindly provide me case reference in this regard regards
adv. rajeev ( rajoo ) (practicing advocate) 02 May 2011
138 is punishable section. Complainant's presence is must to file memo that it is settled out of court so case is withdrawn.
If you paid the DD in the court inspite of receipt of the DD complainant can proceed with the case, if not court wont levy any penalty on the accused.
adv. rajeev ( rajoo ) (practicing advocate) 02 May 2011
138 is punishable section. Complainant's presence is must to file memo that it is settled out of court so case is withdrawn.
If you paid the DD in the court inspite of receipt of the DD complainant can proceed with the case, if not court wont levy any penalty on the accused.
G. ARAVINTHAN (Legal Consultant / Solicitor) 02 May 2011
If the accused, settled the due or paid full amount on receipt of notice, 138 case will not be sustained
Advocate Bhartesh goyal (advocate) 03 May 2011
Yes,drawer can still make the payment of cheque amount within 15 days of receipt of summons and can absolve himself of prosecution u/s 138 of N.I.Act .please go through the judgement 2007 {3} civil court cases 001{S.C} C.C.Alvi Hazi vsPalapetty Mohmmed.
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