Bounce cheque u/s 138.
Inderpal Singh
(Querist) 13 July 2017
This query is : Resolved
After passing conviction order and before sentencing can MM compound the offense and accept settlement between the parties or we have to go to session court. In my case MM has said he will accept the compromise and asked me to submit settlement letter after giving a date
Inderpal Singh
(Querist) 13 July 2017
We have made settlement agreement but not sure whether MM has power to accept it and nullify conviction order passed by him. This point was raised by both lawyers to which he said he will check whether he can act on the settlement agreement.
Inderpal Singh
(Querist) 13 July 2017
I am asking this question as case is going on in Delhi and next date is 14th July. I have come from Pune and if we have to go to session I will have to stay here for that many more days. Please clarify the position
Inderpal Singh
(Querist) 13 July 2017
Let me clarify Conviction order has been passed. On date of argument for sentencing ie, 12.07.17 we informed MM that we are ready to pay cheque amount and complainant also accepting it. He said he can compound at any stage and asked us to make settlement and appear on 14.07.17. Can he set aside his own conviction order and accept our settlement or he has to pass sentence and we have to get conviction order set aside in session court. Hope I am clear in my query. It is no classroom query and I am not a law student.
Kumar Doab
(Expert) 13 July 2017
The MM has pointed that he shall check and appraise.
You have already posted that your query is not a law school exercise.