Legal Question in Criminal Law in India

In a proceeding u/s 138 N I Act, after passing about 5 to 6 years during trial, at the time of just before the pronouncement of judgment, accused gave a banker draft of equal the face value of disputed cheque amount. Victim/complainant at once gave an application that bankers� cheque given in court, should be handed over to Victim/complainant after asking the accused whether he wanted to give the banker�s cheque to victim or not, and if he denied another offence u/s 422 IPC would be there. And even if bankers� cheque is handed over to complainant, it should not be presumed as compromise and the case u/s 138 should be decided on merit ordering remaining amount due and my this application should be decided first. But trial court neither asked accused about this, nor decided victims� application and gave its final judgment that accused is convicted and ordered that he should pay the amount of the cheque and in default six months imprisonment, nothing is ordered about bankers� cheque. Whether my application should be decided first or not? If yes, under which section and law. Any other remedy to get decided application first.

Asked on 10/03/09, 4:53 pm

Seshadri Srinivasan www.lawconcern.com

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Was your application numbered? If yes, approach the High Court.

Answered on 10/03/09, 9:14 pm

Shrichand Nahar S.V.Nahar, Advocate

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Proceedings U/s.138 NI are meant for punishing the accused and not for recovery of amounts.

Since comrpomise offered by accused was not accepted by the complainant, the court proceeded with hearing of case and convicted accused.

Answered on 10/04/09, 2:17 am

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