Legal Question in Criminal Law in India

Cheque Bounce case U/S.138 of N.I.Act.
Cross exam. of complainant was over in June,09
The accused has submitted in writing to the Magistrate on 10/7/09 that he will pay Rs.6,00,000/- to the complainant by 20/7/09 and submit the compromise settlement on 21/7/09. ( Bounced Cheque is of Rs.5,00,000/-). However, on 21/7/09 the accused submits another request ,enclosing a copy of a cheque of Rs.20,00,000/- dated 20/7/09 issued in favor of a firm of the accused, stating that he will pay Rs.6,00,000/- by 31/7/09. However, the Magistrate, after reading the request and examining the copy of the cheque, did not accept this request and advises the counsel for the complainant to file the affidavit of the witness, which was done on 31/7/09. As the matter was proceeded with, the cross examination of the witness took place on 18/8/09. Now the question is : whether, the statement by the accused in writing to the court stating that he will pay Rs. 6,00,000/- amounts to acceptance of liability under the cheque and hence, the matter need not be proceeded with and judgment be delivered straight away.

Asked on 8/19/09, 3:23 am

4 Answers from Attorneys

RAJIV GUPTA (Cell: +91 9811284735) [email protected]

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the admission on the part of accused cannot considered as a confession to his crime as it is you who has to prove that the offence under negotiable instruments act was in fact committed...

Answered on 8/19/09, 3:37 am

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KAMAL GROVER

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What you want,?

Whether you want to dispose off this case or wants to linger on.

If he is ready to pay then we can guide you accordingly and if he is not ready then you can use his written request as admission. but the right way is try to resolve the matter amicably and our team of expert will resolve it within few days.

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Answered on 8/19/09, 3:39 am

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