Legal proceedings stay even if cash paid in cheque-bounce case
The criminal proceedings initiated against a person for getting his cheque bounced can`t be withdrawn on his plea even if he pays the amount to the holder of the cheque later on, a Delhi court has said.
New Delhi: The criminal proceedings
initiated against a person for getting his cheque bounced
can`t be withdrawn on his plea even if he pays the amount to
the holder of the cheque later on, a Delhi court has said.
"Once a complaint is lodged it cannot be quashed because
once a default is committed in complying with the notice, the
cause of action arises in favour of the complainant whose
choice it is to go for compromise or criminal proceeding,"
Additional Session Judge Madhu Jain said.
"Merely because the payment has been made is no reason to
dismiss the complaint or to set aside the order passed by the
magistrate," the court said while rejecting the revision
petition filed by one V Rengaraja.
Rengaraja had drawn a cheque of Rs 60,000 in favour of
Sudhir Kumar Dhingra, which bounced due to insufficiency of
funds in his account.
On the complaint filed by Dhingra, the magistrate issued
notice but Rengaraja did not appear before it on which a
non-bailable warrant was issued. Subsequently, he was granted
bail on the surety of Rs 10,000. Later, he paid money to the
Rengaraja filed a revision application in the court of
ASJ against the condition imposed in the bail by magistrate
seeking fresh surety on the next date of hearing.
"Present revision, it seems has been filed only to gain
the time and the petitioner has been successful in the same
also to some extent," the court observed and directed
Rengaraja to appear before magistrate.