LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

arvind (Promoter)     15 March 2014

138

hello there

this is the case of palanpur gujarat.

in a case of 138, from 2013 august, the accused appeared in courts first time and admitted that he has to pay back money to the complainant, and since last two dates accused paid total 18000 to complainant out of 80000 (total amount asked for). this date accused could not attend court due to sickness (medical certificate is along with accused). accused is from rajasthan. his advocate says "judge does not accepts medical certificate and the next date which is after three days is given for evidence.

accused  has a financial problem so he can not pay the entire amount but as and when on every date he has paid to complainant in court (the receipt is also issued).

what shall be done to have some favour for accused?



Learning

 2 Replies

LAXMINARAYAN - Sr Advocate. ( solve problems in criminal cases. lawproblems@gmail.com)     15 March 2014

Accused can take many technical objections on the maintainability of the complaint.

 

Specific suggestions can be given after looking to all the papers.

 

shanmugam lakshmanan (senior)     16 March 2014

since accused started to pay the amounts due in instalment, question of maintanability may not be helpful.  Request the court to refer the matter for mediation and arrive for one time settlement.  Dilatory tacties may invite maximum sentence provided in the Negoitable Instruments Act. 


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register