Legal Question in Criminal Law in India

a cheque for Rs.50,000/- has been issued by the gurantor against the default borrower of prized chit amount, which got bounced, but partpayment has been already made, the principal borrower is ready to make the payment, a case is filed under 138 NI against the guarantor by the Chit company, after making the payment of entire dues by the borrower while running the case, the legal liability will ariase against the gurantor or not, what kind of punishment will be given

Asked on 3/13/12, 9:49 pm

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if legal debt is paid then no liability arise andcomplainant can withdraw the complaint

Answered on 3/14/12, 7:14 am

Shrichand Nahar S.V.Nahar, Advocate

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If debt is discharged after expiry of period of notice of demand, then it may be a mitigating circumstance.

In such case, court may impose only a nominal fine as punishment.

Answered on 4/06/12, 11:34 pm

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