Settlement against conviction of lower court in 138 ni act

K R Ranjan (Querist) 23 February 2015 This query is : Resolved
Dear Sir,
We as director of a company have been convicted for the payment along with damage and interest by a lower court in a case initiated by a NBFC .
While moving for appeal in session court , have been asked to deposite 50% amt for the stay against order and further bails for all accused.
Hence we decided to close the case by depositing full amount of lower court order.But as the time bar of depositing the amount has been over by around 20 days , hence how and which court should we approach for the closure of case.

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DEFENSE ADVOCATE.-firmaction@g (Expert) 23 February 2015
Once you have GONE to higher court the lower court has no jurisdiction to accept payment.

SC in DAMODAR S PRABHU case has issued guidelines in such matters as below=

Similarly, if the application for compounding is made before the Sessions Court or a High Court in revision or appeal, such compounding may be allowed on the condition that the accused pays 15% of the cheque amount by way of costs.

to be deposited as a condition for compounding with the Legal Services Authority, or such authority as the Court deems fit.

HOWEVER SUCH COMPOUNDING CAN BE ALLOWED ONLY WITH CONSENT OF OTHER SIDE.

Guest (Expert) 23 February 2015
Submit request before the appellate court to allow delayed deposit of the whole of the due amount to compound the case by showing intention to close the case by withdrawing the appeal.

ajay sethi (Expert) 23 February 2015
agree with advocate defence

Rajendra K Goyal (Expert) 23 February 2015
Agree with the ADVOCATE DEFENSE.

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