Legal Question in Credit and Debt Law in India
About IPC Section 138
I have issued a a cheque to Mr.X for a sum of 4 Lakh rupees,the cheque was dishonoured by myself because of ''insufficient funds''.Now Mr.X has filed a suit with section 138.The Hon'ble court has given the following judgement ''The amount should be paid and upto 3 yrs Imprisonment'' how i can i overcome this situation,Iam right now ready to repay the amount ,if i repay the amount to Mr.X or to the court will my punishment be called back?
2 Answers from Attorneys
Re: About IPC Section 138
You should immediately move to the high court as the lower court will not cancel imprisonment even if you pay. This has do be done fast as the time limit for this might expire.
Re: About IPC Section 138
Dear Sir,
First if the court has given such judgment, you should be in jail.
Furthermore, its the time when the cheque was dishonoured an offence under NI act Sec 138 is made out, and ur liable for the punishment. And once the judge pronounced the judgment, its binding.
The only thing as a remeady is to try to compromsie with the opponent party and make full payment to him and convince him of ur inability to do so before when the cheque was issued.
Also file and appeal agaisnt such judgment and try to seek bail from the appellate authorty.
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