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In a cheque bouncing case, there is a possibility for settlement out of court. When a criminal complaint is filed for a cheque bouncing case, the law allows for settlement. This is done through a legal concept called compounding of offences.
In this process, the payee/holder of the cheque agrees to not file a court case or agrees to withdraw his court case in exchange for some compensation (usually monetary).
This can happen at any stage of the court proceedings.
The law allows such an agreement to reduce litigation and burden on courts.
Anil
November 29, 2022
One person filed cheque bounce case, which is false. He is saying, he gave 13Lakhs cash & 11Lakhs online transfers. But he has not provided proofs on these. Infact I gave him 25Lakhs rupees.
Judge not asked his proofs & he not took my payments into consideration.
Can judgement gives only based on complaint ‘s version??
Can judge ignore payments made by accused??
Is there any procedure for request for case retrail??
Alka Manral
May 31, 2024
No, a judgement typically cannot be given solely based on the complainant’s version in a cheque bounce case, especially when the accused (you) raises counter-arguments about payments made. Here’s a breakdown of the situation:
Standard Procedure:
In a cheque bounce case, the complainant (who received the cheque) needs to prove the following:
The cheque was issued by you (the accused).
The cheque was presented for encashment within a reasonable timeframe.
The cheque bounced due to insufficient funds.
Once the complainant establishes these points, the burden of proof shifts to you (the accused). You have the opportunity to present your defense, including:
Proof of payments made (cash or online transfers) towards the amount on the cheque.
Any other relevant evidence that refutes the complainant’s claims.
Judge’s Role:
The judge will consider evidence presented by both parties – the complainant and the accused.
Ignoring your counter-arguments regarding payments made would be a departure from the standard procedure.
Case Retrial:
There are possibilities for a retrial, but it depends on the specific circumstances:
Appeal: If the judgement was based solely on the complainant’s version without considering your defense, you can appeal the decision to a higher court. An appeal argues that the lower court made a legal error.
Review: You might be able to request a review of the judgement if there’s new and relevant evidence that wasn’t presented in the original trial.
D.P. Gautam Advocate
August 27, 2023
Very nice and befitting knowledge in various concepts of Law we get her about current affairs through judgements D.P.