Can a case under Sec 138 continue if there was a promise agreement

11-May-2023 (In Cheque Bounce Law)
Sir , I have filed case under sec 138 but in between party approached me & promised me of paying the amt within 2 mts and an agreement was made mentioning this promise but after 2 mts he failed to retuned the amt and the matter is in the court . Now I want to know whether party could defend itself by saying that case should not be processed under sec 138 because a promised agreement was signed by both of us .
Answers (2)

Answer #1
901 votes
As both parties has made promissory note to pay back the amount of cheque.and if he fail to follow the condition of their promisiory is not be use has defence to the accused.untill unless the accused will not pay back the cheque amount.he case will not be disposed or you can not withdraw it.
Answer #2
761 votes
Yes definitely your case under section 138 can proceed. Never made any mistake to dispose of the same till amount received. And with regard to that agreement, if he is still not paying your amount that we can recover it by way of civil remedy and that is required before passing of time. Proceeding under Section 138 is not for your amount, it is only for punishment to the accused. For further guidance you may contact me on my number, your case is very much good.

Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at and has been responded by one of the Divorce Lawyers at to address the specific facts and details.

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