Legal Question in Criminal Law in India

Re: sec 138 of negotiable instrument act

You should file your reply stating all the true and correct facts. You should also offer to make payment of the balance amount.

The only difficulty will be for the amount you have paid without a receipt. The court may or may not believe your version; if your version is not believed, you may have to make that portion of the payment also.

Re: sec 138 of negotiable instrument act

I had carefully gone into the facts narrated by you in your reference.

1- As you say that you already made part payment , but you don't have any documentary evidence. You should prove the fact of payment made by you through oral evidence i.e. you produce a witness in whose presence you had made part payment.

2- If you are willing to make payment you can even now make payment . To prove your bonafide intention you can also show before the court the fact that you could not make payment due to reason that comlainant himself was absconding from police.However his absconding does not affect his case under section 138 Negotiale Instruments Act.

Re: sec 138 of negotiable instrument act

Obtain receipt by making full payment and ask the court to dismiss the case

Re: sec 138 of negotiable instrument act

Part payment has no consequences.

Law does not contemplate physically contacting payee of cheque. Therefore, his abscondance also has not consequences.