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Mahesh Chand Gupta (Proprietor)     14 February 2024

Enhancement of lesser punishment given due to false information

A person guilty under the provisions of section 138 of NI Act made false statements during the pronouncement of the judgement against him which resulted in him getting leniency from the judge in the punishment against him(he was given softer punishment which was not justified according to the facts of the case). 

 

Hence, what is the remedy available to the victim in this case? How can he appeal for correction in the punishment to have the accused receive the punishment he so deserves from the court?



Learning

 5 Replies

T. Kalaiselvan, Advocate (Advocate)     15 February 2024

If the complainant is aggrieved by the judgment then he or she can prefer an appeal against the aggrieved judgment before the appellate court for the reasons relied upon.

Dr. J C Vashista (Advocate )     15 February 2024

Move in revision of the order if the quantum of punishment is less than prescribed minimum, which is not provided in Section 138 of the NI Act. 1881.

Supreme Court in Criminal appeal No 844 of 2023 in the case State of Punjab V Dil Bhadur may be referred.   

Review of the order may work, although it is next to possible.

Real Soul.... (LEGAL)     15 February 2024

Just file a criminal revision

Mahesh Chand Gupta (Proprietor)     15 February 2024

Under which section? Is there any section by which a victim can file for enhancement of the punishment against the guilty.

Dr. J C Vashista (Advocate )     15 February 2024

You will have to consult and engage a local prudent lawyer for better appreciation of facts, professional advise and necessary proceeding.


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