Legal Question in Banking Law in India

Cheque boun ce pun ishment..?
ONE MY RELATIVE GIVEN A CHEQUE Rs.2.37 lacs in 2005, AND CHEQUE BOUNCE, .AFTER PARTY FILE A CASE UNDER N.I.ACT 138..YESTERDAY FINAL DECISSION DECLARED : Rs.10000/- DEPOSIT IN COURT, ONE YEAR JAIL AND RIMBURSEMENT Rs.4.00 AND IF Rs.10000 NOT DEPOSIT 4 MONTHS MORE JAIL. BUT SIR, BUT JUDGE NOT GIVEN COURT FINAL ORDER COPY AND NOT TAKE SIGNED AND DIRECTLY SEND JAIL AND ON SUNDAY ABOUT 11.00 AM MESSENGER GOING TO JAIL AND OBTAINED SIGNATURE. SO JUDGE MAKE MISTAKE..AND PANLTY IS HIGH (GENERALLY Rs..5000/- ONLY)AND NOT GIVE GURANTOR. GENERALLY COURT OFFER FOR GURANTOR ..PLEASE GUIDE...CAN HE SUBMIT HIGHER COURT FOR MORE PUNISHMENT & DEPOSIT MATTER..?

Asked on 4/22/07, 12:07 pm

2 Answers from Attorneys

Vishwa Arya Arya & Co.

0 users found helpful

0 attorneys agreed

Re: Cheque boun ce pun ishment..?

Since the imprisonment is for one year you were entitled to bail on your filing of application before the same court on the ground that you wanted to file an appeal to the judgment. Now that you have already been sent to jail, then, you have to file an appeal and along with the memorandum of appeal file an application for suspension of sentence.

Bhushan Arya

Answered on 4/23/07, 6:57 am

Mark as helpful