Legal Question in Criminal Law in India

nigociable instument act

cheque is signed by two persons,out of one is redy for setalment,can it be settled by half amount and some interest ? case on second acuuse can be continud?


Asked on 4/26/05, 8:09 am

2 Answers from Attorneys
Shrichand Nahar S.V.Nahar, Advocate

Re: nigociable instument act

Since after amendment, offence u/s.138 is made compoundable, you may compromise with all or any one of the accused. However, you need to examine your case in that context viz. if one accused out of two is absolved, would it affect merits of your case against the remaining accused.

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Answered on 4/28/05, 1:41 am
Rajasekar K.S

Re: nigociable instument act

When two parties sign a cheque then both are equally liable. However you need to proceed against both and in case one person is willing to pay then you can enter into compromise. But what is the ratio against the other person depends on the facts of the case.

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Answered on 4/30/05, 9:37 am


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