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D.G. Mohan (Partner)     20 January 2011

Sec 147 of NI actr

   After 3 years I received summons by RPAD under sec 138 of NI act. The cheque amount is Rs8000. Under sec 147 can I ask the court to compound the cheque amount in first hearing itself. Can complainant object to the proposal. Since I am admitting the charge, can the Court send me to jail.



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 7 Replies

PJANARDHANA REDDY (ADVOCATE & DIRECTOR)     20 January 2011

N0 JAIL- PAY RS.8000/- THROUGH D.D ALONG WITH MEMO OF APPEARANCE THROUGH AN ADVOCATE EXPLAINING THE DIFFICULTY TO MEET THE NOTICE OBLIGATION U/S 138

N.K.Assumi (Advocate)     20 January 2011

Since it is a compoundable offence, I amsure the court will show leniency as per the suggestions given by Shri.Reddy.

Ananda krishnan (Lawyer)     20 January 2011

Offence is already commited by not paying the amount after receipt of notice. Hence if court permit you to compound the offence ,then can settle the case with the complainant. But it is not your right.

D.G. Mohan (Partner)     20 January 2011

My sincere thanks to all of you for your honest reply.

PJANARDHANA REDDY (ADVOCATE & DIRECTOR)     21 January 2011

ISSUE IS VERY SIMPLE AND SMALL, NO JFMC GO FOR TRAIL RATHER DISPOSAL. PLS BE INTOUCH WITH GOOD ADVOCATE.

NI ACT 138 BAILABLE, COMPOUNDABLE AT ANY STAGE OR AT SLP ALSO WITH PENALITY&FINE

PLS PRODUCE THE BELOW JUDGMENT OF SC


Attached File : 19 19 ni act latest judgement on compounding.pdf downloaded: 204 times

DEFENSE ADVOCATE.-firmaction@g (POWER OF DEFENSE IS IMMENSE )     21 January 2011

Yes sir , many people get confused whether the case under NI 138 is compundable or not. Yes as per above citation it is compoundable at any stage.

 

Mr reddy you have done valuable work by digging out important case laws for NI 138 but now one gray area is that once the process is issued no remedy at trial level against the trial stage than going through the rigours of the lengthy process.WHAT CAN BE DONE TO DEFINE AND SOLVE IT SINCE HC IS EXPENSIVE AND LIMTED SCOPE. AND IN RECENT KERALA HC CASE EVEN THE SC HAS OVERULED THE SIMPLIFIED PROCEDURE LAID DOWN BY KERALA SC. SEE THE ATTACHED CITATION.


Attached File : 3 3 sc on section 205 crpc.pdf downloaded: 188 times

PJANARDHANA REDDY (ADVOCATE & DIRECTOR)     21 January 2011

TGN KUMAR CASE IS A BIG REMEDY FOR 138 ACCUSED PERSONS U/S 205 CR.P.C 


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