compromise after conviction in 138 N.I.Act
tahesin khan
(Querist) 17 June 2010
This query is : Resolved
Whether comromise can take place after conviction in case of sec.138 of N.I.Act and also whether the JMFC having the power to admit the comromise application of the party after conviction has been upheld by the High Court.
Arvind Singh Chauhan
(Expert) 17 June 2010
Yes it is possible but not in jmfs. It may be in appeal against the judgment of HC, But according to guide line framed by SC as in attached file
DEFENSE ADVOCATE.-firmaction@g
(Expert) 17 June 2010
Mr Arvind has posted the latest direction of the SC for compunding but the court has used the DURING PENDENCY meaning of which that application for compunding can be given during the pendency of the case.
So now you have an option to go to the supreme court and may have chance to get conviction quashed. If not before final verdict move application for compounding. So you will get time also.
adv. rajeev ( rajoo )
(Expert) 17 June 2010
File an appeal against the conviction order their you can compromise the case. NI act is compoundable offence.
Sukhija
(Expert) 20 June 2010
NO,the JMFC does not have power to admit the comromise application of the party after conviction has been upheld by the High Court. Go to SC against the order of conviction and make n apptn 4 compromise there.
