Legal Question in Criminal Law in India

under 138 negotiable instrument act. india

if accused has given statement that he will pay all the amount by next date but accused failed to pay the amount can court will punish him with out evidence or evidence is required


Asked on 6/15/08, 3:16 am

4 Answers from Attorneys

G. M. Gupta gmguptaandassociates

Re: under 138 negotiable instrument act. india

no

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Answered on 6/16/08, 8:01 am
Aniruddha Pawse Aniruddha.P.Pawse Advocates

Re: under 138 negotiable instrument act. india

No The evidence will be required. If accused failed to pay the amount by next date you may ask the court to proceed with the case.

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Answered on 6/15/08, 4:49 am
Shrichand Nahar S.V.Nahar, Advocate

Re: under 138 negotiable instrument act. india

Payment of cheque amount has nothing to do with the offence.

Even if amount has been paid, still accused can be punished.

However, same has to be done after recording & considering evidence adduced by complainant as also by accused.

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Answered on 6/15/08, 4:55 am
Homi Maratha N.N. Maratha & Co.-Advocates

Re: under 138 negotiable instrument act. india

Already replied.

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Answered on 6/16/08, 2:25 pm


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