convicted in lower court

Querist : Anonymous (Querist) 24 July 2011 This query is : Resolved
Respected members,
I am convicted in trial court of cheque bounce case. Now my case is in appeal court. before trial court judgement several times I request for compromise but my opponent blackmailing me and demanding Rs.2lakh for withdraw the case. The cheque amount is only Rs.8480/- and in the earlieer stage of trial court I already paid him Rs.6000/- for compromise. In appeal court my lawyer put petition for compounding as per guideline of SC. I want to know If my opponent denied for compromise what can I do?

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bhupender sharma (Expert) 24 July 2011
In view of the Damodaran Parbhu judgement of the Hon'ble Supreme Court the accused has to make payment of 15 % of the cheque amount in addition to the cheque amount in appellat court and under the garb of the facts that convction has already there the complaianat has no right to extort the unjustified amount. The appealt court may convert the conviction i.e. impriosinment in to moinetry terms in view of the aforesaid judgement. More so when the compainant has voluntarily received Rs. 6,000- the things can not be on both side. The acceptnece of the aforesaid amount of Rs. 6,000/- evinces his conduct to compromise the matter.

THANKACHAN V P (Expert) 24 July 2011
1.Even if there is no compromise, appellate court will not send you to Jail.
2.If the payment of 6000/ was brought out to the notice of the lower court,it would not have sentenced you for imprisonment.
3.Don't worry your opponent cannot stand in the way of compromise.
4. And I agree with the reply of Bhupender

venkatesh Rao (Expert) 24 July 2011
I am in respectful agreement with the view of Sri Bhupendar Sharma. I want to add something. Compromise in any case must be a voluntary and bilateral act and either the party resiling from it; the compromise can not come into effect. the Courts are always slow to interfere in such cases. Accepting an amount (in your case less than the cheque amount) may amount to relieve the civil liability but the amount paid must be the cheque amount + 15% as per the SC verdict. Otherwise, u can not enforce compromise.

sachin sethi (Expert) 24 July 2011
agree with Mr. Sharma....

Ajay Bansal (Expert) 25 July 2011
See A.I.R. Manuals.

Querist : Anonymous (Querist) 27 July 2011
Respect members,
Thanks to all of respected members for giving their valuable suggestion. This is booster for my moral.
Once again thanks to all.

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