If she will not take her case back in spite of a settlement being reached between her and you then what purpose is settlement going to serve? Better contest the case on merits.
138 cheque bounce
i have pending case against me in thane court U/S 138. i took money from one of my friends wife on 10% (min) per month. i paid her money as interest several months. but after some months my business went into huge loss, now she put the cheques give by me without asking me and now she file case against me, now i am on cash bond bail. she is calling me and asking about settlement but she will not take her case back.
Asked 11 years ago in Criminal Law
First answer received in 30 minutes.
Lawyers are available now to answer your questions.
8 Answers
she is continuously calling me and telling that she cant come again and again in court so she told u start giving me money every week 12500 and i will hold the case. i told her how can i give u money if you are not taking case back. then what is the mean of settlement then she keep quite. before fileing the case i ask her not to do that. my loan is going to pass within 15 days n i will give ur principal back but she did file case against me..
Asked 11 years ago
Sir, i accept that i should return her money but there is nothing left in my house now which i can keep as mortgage. i sold my television and laptop to pay the fees and bond money. sorry but plz help me.
Asked 11 years ago
You have obtained bail in 138 NI Act case and now complainant asking you return of money , even the Court can not violate Law and say that you are excempted from paying money, better you file Insolvency Case in District Court, declare yourself insolvent,and then you are not liable to pay money.
thanks you very much. to whom shall i meet to file insolvency case ?
Asked 11 years ago
Cheque Bonce is a compoundable offence,so you can settle the matter amicably, before that case should withdrawn by the complainant.
rightly answereed if u are ready to pay back money case can compounded. otherwise maximum u can be punished by court . no one can force u to pay money under138 N I act case
If you are offered settlement, go for it.
better you settle it,as you can be liable to pay double the amount of cheque along with 2 year imprissionment
file an application before court for mediation and settle the matter with complainant with your terms and condition if both of you agree them mediator pass an order as per settlement. otherwise fight the case on merit.
You may request the court to send the matter for mediation to the mediation cell so that your case may be settled amicably through intervention by the mediators. A settlement is a quid pro qo. If she is not going to withdraw the case in spite of the settlement then the purpose of settlement is defeated.