• Accused is Ready to pay cheque payment but complainant not willing to accept

Iam ready to pay cheque payment in court but complainant not willing to accept
Asked 4 years ago in Criminal Law
Religion: Muslim

3 answers received in 1 hour.

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10 Answers

You should make a draft and give it to him.

Rahul Mishra
Advocate, Lucknow
14114 Answers
65 Consultations

He may be apprehensive that the cheque may not be honoured. Give him a DD ie demand draft. That's all you can do.

Rahul Mishra
Advocate, Lucknow
14114 Answers
65 Consultations

Deposit the same in court by filing compounding application court will do accept it 

Prashant Nayak
Advocate, Mumbai
34597 Answers
249 Consultations

Make application for compounding of offence in trial court 

 

SC has held though  compounding requires consent of both parties, even in absence of such consent, the Court, in the interests of justice, on being satisfied that the complainant has been duly compensated, can in its discretion close the proceedings and discharge the Accused".

 

 

 

 

 

Ajay Sethi
Advocate, Mumbai
99885 Answers
8152 Consultations

Make application for compounding g rely upon SC judgment that consent of complainant not required 

Ajay Sethi
Advocate, Mumbai
99885 Answers
8152 Consultations

Your Advocate has to convince the other side and address the Court about settlement. 

G.RAJAGANAPATHY 

Rajaganapathy Ganesan
Advocate, Chennai
2301 Answers
8 Consultations

You need to file an application in the same court praying for payment of money into court.

Swaminathan Neelakantan
Advocate, Coimbatore
3074 Answers
20 Consultations

Unilateral compounding of offence by accused without the complainant's consent has  not been held as valid by various courts. 

It was held that the provisions of Section 147 of the NI Act obliterated only Section 320(9) of the CrPC and not the other provisions of this section. Therefore, it was held that obtaining the consent of the complainant to compound an offence for dishonour of a cheque is sacrosanct, and that cannot be wished away by Section 147 of the NI Act.

A similar approach was also taken by the Bombay High Court in Soft-touch Computer v. State of Maharashtra10 ("Soft-touch"). The court did not accept a unilateral declaration by the accused that the matter stands settled. The court observed that an offence of cheque dishonour is committed once the period of 15 days as provided in Section 138(c) of the NI Act is over and accused cannot walk away by merely saying that he is depositing the cheque amount. It was held that the element of compounding requires the consent of both parties.

 

 

T Kalaiselvan
Advocate, Vellore
90087 Answers
2502 Consultations

the Supreme Court in Meters and Instruments Private Limited v. Kanchan Mehta11(" Meters Instruments") took a completely new course. One of the accused directors made a statement that he was ready to make the payment of the cheque amount, however, the complainant refused to accept the demand draft. The court considered both Damodar and JIK Industries, and held that "...though compounding requires consent of both parties, even in absence of such consent, the Court, in the interests of justice, on being satisfied that the complainant has been duly compensated, can in its discretion close the proceedings and discharge the Accused".

The court held that if the cheque amount with interest and cost as assessed by the court is paid by a specified date, the court is entitled to close the proceedings in exercise of its powers under Section 143 of the NI Act read with Section 320 of the CrPC. The court placed heavy reliance on several other judgments of the Supreme Court to treat an offence of cheque dishonour as primarily a civil wrong with the punitive element of Section 138 of NI Act being primarily compensatory in nature.

The Madras High Court in R. Kalaiyarasi v. C. Jayapal(" Kalaiyarasi") while holding that the accused has committed an offence under Section 138 of the NI Act, permitted the accused to pay the cheque amount with interest at the rate of 12% per annum and costs of litigation in lieu of the punishment for imprisonment, by primarily relying on Meters Instruments.

 

Hence based on the above judgments yo may file  petition seeking to compound the case accordingly.

 

T Kalaiselvan
Advocate, Vellore
90087 Answers
2502 Consultations

- You can move an application before the court for the settlement of the case and to pay the cheque amount. 

- However, you can also request the said court for referring the matter for mediation of the court. 

- The complainant cannot refuse to settle the dispute with the accused , as there is direction from the Supreme Court. to settle the dispute after referring the cheque matter before the councilor

Mohammed Shahzad
Advocate, Delhi
15830 Answers
242 Consultations

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