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Author Topic: urgent advice required for the procedure of closing case  (Read 1297 times)

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Offline Kian

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urgent advice required for the procedure of closing case
« on: July 25, 2015, 06:20:41 AM »
I am a payee of  a cheque which dishonoured on dated 26/09/2011 due to insufficiency of fund. Received legal notice from drawee on dated 1/10/2011.Later we mutually agree not to proceed for legal prosecution and granted me time unconditionally to pay amount as and when i become eligible to pay.

Now,after 4 years,I received summon to present myself before adi. magistrate of first class on dated 24/07/2015. i was completely unaware of reason and of complainant for which i was summoned and no information was in summon but only that I am accused for negotiable instrument act 138 ).

I present my self before judicial magistrate on date and time mentioned in summon and found that the complainant is the same person i mention earlier at first para.I denied to accept charges (as i have paid more than 50% of amount till date while complaint was made for dishonour of cheque for full amount without consideration of payment i have already paid) and asked to proceed for case than compromise.I have been given date of 01/08/2015 for next hearing.

Because the complainant was not present that time and we are still in good relation,i called him to know what matter lead him to case against me now after so long time,he told me that he was completely unaware of the case and he neither made complaint in court recently not willing to proceed for case even now.

Irony is that,we both sucked. Dont know what to do to ask court to get out of our matter.I need advice how to shut off the  case since both party willing for the same?

Offline kphk

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Re: urgent advice required for the procedure of closing case
« Reply #1 on: July 25, 2015, 09:23:00 AM »
Cheque bounce is compoundable at any state meaning if the parties are willing to settle then the court will record the same and acquit the accused. In the next hearing let the Complainant represent that the amount has been paid and so he is not pressing the issues. The court will record the same and close the case.


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