Legal Question in Criminal Law in India

Re: section 138 B

Your advocate is wrong. Payment of amount of cheque has nothing to do with the offence already committed. Unless you agree to compromise, there can not be any compromise.

You can proceed with the case and get necessary judgement and order in accordance with law.

Re: section 138 B

It is always better to compromise as prolonging the matter in court will also enhance your costs and expenses and disturb your mental peace and stability.

Re: section 138 B

The legal position is that the "offence" is not wiped out by payment in court.

However, the courts have taken a view that since the object of enacting this penal law was to enforce recovery from defaulters, if money is received the case should be brought to an end.

There is already a huge pendency of cases in courts.

Even if legally you may be entitled to seek conviction of the defaulter, you are advised to accept payment, though you should insist upon a reasonable interest and expenses you had incurred in pursuing litigation.

The court can impose penalty upon him upto double the amount. Therefore, most likely you will be able to recover your Principal amount, a reasonable interest; and part of the expenses you incurred.

Thus it is in your own interest to effect a compromise - sooner the better.

Re: section 138 B

Thanks for referring an important question of law involved in the matter. I had carefully gone into the facts narrated by you in your reference.

In case you agree to compromise the matter then you can't ask for punishment . Compromise always takes place on agreed terms by both parties. How can can you get all remedies in comromise which are available on merits. As you say that you want conviction of party and penalty by court . you are advised not to go for compromise but prove your case on merits. But even if case is decided on merits it is not sure that accused will be convicted and penalty will be imposed. You can opt for compromise also.

In case you find any difficulty, please don�t hasitate to recommunicate your problem.All possible assistance will be provided you.

Re: section 138 B

The purpose of statute if to compel the recovery of amount of cheque and therefore court & your advocate are right in advising you to go for amicable settlement. However if your purpose is to punish the accused and recovery is second priority then you can proceed with your case and wait till the same reaches to its logical conclusion.