• 138 cheque bounce

i have pending case against me in thane court U/S 138. i took money from one of my friends wife on 10% (min) per month. i paid her money as interest several months. but after some months my business went into huge loss, now she put the cheques give by me without asking me and now she file case against me, now i am on cash bond bail. she is calling me and asking about settlement but she will not take her case back.
Asked 2 years ago in Criminal Law from vasai west, Maharashtra
If she will not take her case back in spite of a settlement being reached between her and you then what purpose is settlement going to serve? Better contest the case on merits.
Ashish Davessar
Advocate, Jaipur
18049 Answers
445 Consultations
5.0 on 5.0
You have obtained bail in 138 NI Act case and now complainant asking you return of money , even the Court can not violate Law and say that you are excempted from paying money, better you file Insolvency Case in District Court, declare yourself insolvent,and then you are not liable to pay money.
Soumya   Kundu
Advocate, Kolkata
50 Answers
0 Consultations
4.8 on 5.0
Cheque Bonce is a compoundable offence,so you can settle the matter amicably, before that case should withdrawn by the complainant.
Minansu Bhadra
Advocate, Kolkata
266 Answers
23 Consultations
4.8 on 5.0
rightly answereed if u are ready to pay back money case can compounded. otherwise maximum u can be punished by court . no one can force u to pay money under138 N I act case
Avdhesh Chaudhary
Advocate, Greater Noida
565 Answers
20 Consultations
3.9 on 5.0
If you are offered settlement, go for it.
Fateh Chand Sharma
Advocate, Noida
86 Answers
1 Consultations
4.7 on 5.0
better you settle it,as you can be liable to pay double the amount of cheque along with 2 year imprissionment
Rajeev Bari
Advocate, New Delhi
1506 Answers
92 Consultations
3.5 on 5.0
file an application before court for mediation and settle the matter with complainant with your terms and condition if both of you agree them mediator pass an order as per settlement. otherwise fight the case on merit.
Nadeem Qureshi
Advocate, New Delhi
3513 Answers
129 Consultations
4.9 on 5.0
You may request the court to send the matter for mediation to the mediation cell so that your case may be settled amicably through intervention by the mediators. A settlement is a quid pro qo. If she is not going to withdraw the case in spite of the settlement then the purpose of settlement is defeated.
Ashish Davessar
Advocate, Jaipur
18049 Answers
445 Consultations
5.0 on 5.0

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