Legal Question in Criminal Law in India

Section 138 of n.I.Act

I am complainant and my cheque-bounce case is pending in the district courts,chandigarh for the last four years.Only yesterday,the statement of the accused was recorded under section 313 of cr.P.C.What will be the further proceedings now and how much time it will take.The next date is 27-03-2006.Will i get my cheque amount money i/e.Rs.50,000 and how much compensation.Will the accused will be punished for the crime and harassment to me.Please tell me the precautions for getting justice.I am confused and frustrated because,now the accused is approaching my lawyer for compromise in lok addalat.But,i really want to get him punished and get the amount doubled as rs.One lac now.


Asked on 3/06/06, 9:33 am

2 Answers from Attorneys
Vishwa Arya Arya & Co.

Re: Section 138 of n.I.Act

It seems your evidence are over. It all depends how you have proved your case or what is the defence of the accused and how he substantiate that defence. However, settlement is your prerogative. If you have proved your case, there is provision for compensation of double the amount plus punishment.

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Answered on 3/06/06, 11:16 am
Panduranga Acharya J & P Associates, Advocates & Solicitors

Re: Section 138 of n.I.Act

Dear Sir,

There is nothing to stop you from getting Justice. as you said the matter is still at evidance stage it may take few more months to come to conclusion.

It is advised to you that why dont you settle the matter out of the court when the accused is willing to pay your money and settle the matter.

Lok Adalat is a alternative court you may ask your advocate after consulting the Accused to post the matter before lok adalath. If you are not satisfied with the compromise you can again get the matter posted before the regular Judge.

Try this and revert to me.

Thank you

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Answered on 3/10/06, 1:05 am


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