Prabhu (technical lead) 06 January 2020
Hi, One my friend was convicted under NI 138 and sentenced for 1 year imprisonment and payment of fine equal to cheque amount. I would like to know if he can pay the cheque amount + interest + court fee to the complainant and avoid going to prison?
Thanks in advance!
Hemant Agarwal (ha21@rediffmail.com Mumbai : 9820174108) 06 January 2020
1. IF Accused is already convicted by Magistrate (Trial Court) THEN relief can be sought ONLY by filing Appeal and pleading to condone off the Punishment /Penalty, PROVIDED the complainant is ready for compromise, FURTHER PROVIDED that the Appellate Judge allows the same. There is no other way to settle AFTER conviction orders.
Keep Smiling .... Hemant Agarwal
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Dr J C Vashista (Advocate) 08 January 2020
Move in appeal before Sessions Court and get the case compounded/ settled.
However, option could be exercised u/s 147 of the Ngotiable Instruments Act, 1881 at any stage.
Dr J C Vashista (Advocate) 08 January 2020
What is the opinion and advise of your lawyer who is competent and intelligent enough to advise/proceed, you may follow the same since s/he is better aware about the facts and cirucmstances of the case. If you have lost faith in your lawyer change him/ her immediately.
It is appropriate to consult another local prudent lawyer for appreciation of case file/ facts/ documents, professional advise and necessary proceeding if you feel so.
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