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Saptarshi Paul (Advocate)     18 September 2011

Conviction of imprisonment u/s 138 ni act, how to set off

Accused was good relation with the complainant , the complainant claim that he had paid cash of Rs 16,000/- to accused as Loan in 30/7/2009, the accused issued a cheque dated 31/7/2009. The complainant present the cheque before bank on 4/8/2009 & 1/9/2009 but dishonored due to insufficient of fund. In 313 crpc statement the accused denied the allegation of receipt of any loan but admitted that cheque was issued to the complainant. Just before the Judgment by Ld JMFC, accused is ready to pay the cheque amount and some compensation and so in the said circumstances a lenient view ought to be taken, On behalf of the accused we have also submitted the decision of Hon’ble Apex Court in the case Damodar S. Prabhu vs Sayed Babalal H, CRIMINAL APPEAL NOS. 964-966 OF 2010, Arising out of SLP (Crl.) Nos. 6370-6372 of 2007, we reliance on the decision supra submits that compounding of offence can be allowed at any stage by the court and no cost thereon be imposed. but the accused is convicted and sentenced to undergo Simple imprisonment for 15 days and further in view of CRPC 357(3) the accused is sentenced to pay sum of Rs 25,000/- as compensation to the complainant (order given on 26/8/2011) so, kindly guide me what should I do in appeal before session court. how can I set off the imprisonment, kindly provide me any suitable case references. regards


Learning

 3 Replies

ANIL ARORA (Advocate)     19 September 2011

You can go for revision in upper court. Please go through the judgement attached


Attached File : 133572 210573 25 p hhigh court 3.pdf downloaded: 222 times

DEFENSE ADVOCATE.-firmaction@g (POWER OF DEFENSE IS IMMENSE )     19 September 2011

both citations are not applicable at this stage now, you should go in revision. Study the judgement and you will get points.

Pl note that you should never make mistake of admission of cheque in statement , it is the duty of complainant to prove it.

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com)     24 September 2011

I agree with mr  Arora


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