Legal Question in Criminal Law in India

Sec.138 of n.I.Act

I am complainant in the cheque -bounce case in disrict courts,chandigarh since april,2002.I had adduced and completed my final evidence.The statement of accused has been recorded under section 313 of cr.P.C.Now,the accussed is trying to give me only rs.50,000/- as the original cheque amount.I had suffered a lot in the litigation and i want to recover rs.One lac from the accused,plus imprisonment to him.The next date is on 15-04-2006 for his trial defence evidence.Will i get the justice as per orders of the magistrate and when.I had not filed recovery suit in the said case.What precautions,i have to take because the accused is a notorious person.


Asked on 3/29/06, 8:22 am

1 Answer from Attorneys
Panduranga Acharya J & P Associates, Advocates & Solicitors

Re: Sec.138 of n.I.Act

Dear Sir,

Your case is pending consideration before the appropriate Judge, now it is not correct to suggest opinon on the said case without going through case papers and the evidance addused by you.

But in general cheque bounce cases are favorable to the complainant.

I would like to suggest you to not to proceed with the compromise, if you are inclined to do so please consult your advocate and seek his opinion.

Cheque is a negotiable instrument and you have right to file civil Suit for recovery of the Cheque amount (which is legally enforceable debt)with in 3 years from the date which the cheque contains.

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Answered on 4/08/06, 12:51 am


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