S.138 punishment clause

If possible you, take the money.... Punish him some other time for something else but why waste money...

courts dont just put someone in jail for 138 NIA...  That only happens in a very few cases/situations....

My suggestion is that if he is paying money in court... Take it.... press on interest but not punishment as you will delaying your matter with your own hands...

Rest is upto you...

Dear manju

the object of the NI Act is punished the accused

if you want to recover the money then you can file Suit for recovery u/0 37 Cpc. in between if the accused ready to settle then settle the matter.

feel free to call

accused is ready to settle , but outside he abuses my client and we don't want to settle. what is the process so that he only gets punishment. we have not greed of money. we can recover it in civil process. please guide as judge is talking of only settlement.

what are the powers of judges in S.138 case. can he force complainant to receive only amount of cheque. we want punishment also?

Get money if gives otherwise recovery by civil process will take time and money.

No, complainant can not be forced to compound the case u/s 138 Ni Act. But the magistrate has ample power to give flee bite sentence if amount of the cheque is denied by the complainant. So never tell the judge, you do not want to take the money. You should say, "whatever money is given to us, we will give receipt of it and case should be decided on merit." If accused gives the money with condition of compromise, it will not be treated as payment, because conditional payment is not payment at all. Even if you accept the money and tell the court that you do not want to compromise, there is no harm. Whatever is given should be taken, the case should be left open to be decided by the court. for compounding can not be forced, see 1.   The Assistant Commissioner, Assessment-II, Bangalore and Ors. vs. Velliappa Textiles Ltd. and Ors. (16.09.2003 - SC) 2.Mr. Vishnu Bhat Vs. Narayan R. Bandekar, decided on 25.10.2007 by bombay High court.  about conditional payment : Decided On: 14.09.2007Appellants: Citichem India Ltd. and Anr.Vs.Respondent: Gujarat Alkalies and Chemicals and Anr. by Gujrat High court.