convicted in lower court

He will be taken into custody immediately if the appeal is decided against him as the Sessions judge has no powers to stay his own order.

 What is the conviction? Pay or imprisonment? Or both.

It is the discretion of the judge, it can be imprisonment or fine or both.

Yes Prasad, what was the punishment in the lower court. If it was imprisonment he will be taken into custody if the appeal is dismissed.

Parthaji - There is no provision in Cr.p.c. to support your contention.  In fact sessions judges used to grant bail even after the appeal is dismissed. This has been criticised by the Higher Courts.  There are judgements to the effect that power u/s 389(3) can be exercised by trial courts only and the session court while deciding the appeal cannot exercise power u/s 389(3) because after dismissal of appeal there is no further appeal. One can go in revision or file writ petition only.  Therefore your view is not legally correct, though earlier the appellate courts used to act as has been stated by you.  Even now some may be acting so, but to hold such a view is risky.

SESSION COURT CON'T GRANT BAIL ON THEIR OWN REJECTED APPEALS, ONLY HIGH COURT CAN GRANT ON REVISION PETITION. GENERALLY WHEN THE APPEAL IS REJECTED BY SESSION COURT ASK THE ACCUSSED TO GET ARRESTED,BUT IF UR ADVOCATE CAN GUIDE U THE NEXT PROCESS OF GETTING BAIL,IT IS A MATTER OF A DAY TO GET BAIL FROM HC. ANY HOW THE 138 IS COMPOUNDABLE CASE U CAN COMPROMISE IF THE GROUNDS ARE NOT FOVOURABLE TO U ,CAN U SEND ME THE COMPLAINT COPY,CHIEF EX ,313 EXAM,310 COPY,CROSS OF BOTH AND LOWE COUT JUDGEMENT ETC.,THEN WE CAN GUIDE U IN FORUM IT SELF....

Anil Ji,

U r right. i ignored the fact that it is an appeal. Sec-389(3) Cr.P.C is applicable in the trial stage only not in an appeal. thanks for ur kind rply.

NANDKUMAR B.SAWANT.M.COM.LL.B.(MUMBAI),ADVOCATE

MOBILE.09325226691, 09271971251

e.mail.adv.nbsawant@yahoo.co.in

e.mail.nandkumarbs@sify.com

REGARDING THE CONVICTION AND APPEAL IN N.I.ACT.SEC.138 CASE KINDLY NOTE THAT

1.AFTER CONVICTION IN N.I.ACT SEC.138 CASE  THE PERSON HAS PREFERED APPEAL TO DIST AND SESSIONS COURT.

2.THE SENTENCE IS SUSPENDED AND APPEAL ADMITED BY DIST AND SESSIONS COURT.

3.NOW THE ARGUMENTS STAGE IS THERE.

4 AFTER ARGUMENTS THE JUDGEMENT WILL BE PASSED.IN CASE APPELLENT ACCUSED IS ACQUITED THEN MATTER ENDS

5 BUT IN CASE APPELLENT ACCUSED IS SENTENCED BY CONFIRMING THE JUDGEMENT OF LOWER COURT THEN THE DAY OF JUDGEMENT ACCUSED SHOULD APPLY FOR SUSPENSION OF SENTENCE AND SUBMIT SURETY AND BY APPLYING FOR BAIL TILL FILING APPEAL TO THE HIGH COURT.KINDLY NOTE THAT IN CASE FINE AMOUNT IS INCREASED BY THE APPEALLATE COURT THEN HE HAS TO DEPOSIT THE SAID AMOUNT OF FINE IN THE COURT IMMEDIATELY AFTER THE JUDGEMENT IS PASSED.OTHERWISE HE WILL BE SENT TO JAIL.

6APPEAL TO THE HIGH COURT SHOULD BE FILED WITHIN LIMITATION AND THE BAIL AND SUSPENSION OF SENTENCE APPLICATION BE SUBMITED WITH APPEAL TO HIGH COURT KINDLY NOTE.

IN CASE ANY FURTHER HELP IS REQUIRED KINDLY SEND DETAILS OR CALL.WILL HELP YOU

WITH BEST REGARDS TO YOU YOUR FAMILY AND FRIENDS.

THANKING YOU

YOURS SINCERELY

NANDKUMAR B.SAWANT.M.COM.LL.B.(MUMBAI),ADVOCATE.

 Is the decision subjective? Everything is predicated upon IF. 

MR.PRASAD INFORM US THE STAGE OF CASE IN COURT OF SESSIONS

 I do agree with the stages. But, why the decisions are different by different magistrates in similar cases?

My dear friend., if the matter is not contesting one, my advise to you to go in settlement, in recent ruling of supreme court, the court held even at the stage of the pronouncement of the judgement, even on conviction if the accused is willing to pay the cheque amount and the complainant accepts the same, the accused be instantly released and be acquitted.

Just pay off the cheque amount and get his for liberty.

 Is ego coming in way? Settlement is the best way.

Surprisingly, even educated and literate persons are getting in 138 in increasing number. Is it ignorance or they want to foo around by issuing dud cheques?