Legal Question in Criminal Law in India

138 N.I. Act of india
sir ..a case u/s 138 ni act of india....accused want to place all money with the interest to checque holder..but complinaint refuse that money in all condition. he wants punishment as 2 year jail behalf of the checqu.now court cant paresurised to checque holder.in that manner what is the ramidie for accused in that sectuvation ?

Asked on 7/17/07, 10:06 am

3 Answers from Attorneys

Shrichand Nahar S.V.Nahar, Advocate

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Re: 138 N.I. Act of india

It is entirely choice of complainant as to proceed with matter or settle it. Once an offence is committed, the court is obliged to conduct the trial and decide the matter in accordance with law, unless it is compounded or withdrawn.

Answered on 7/29/07, 5:43 am

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Alok Sharma Alok Sharma & Associates

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Re: 138 N.I. Act of india

No remedy if the complainant is not ready for compounding but he has no say in the imposition of sentence. The court will see the facts and circumstances of the case while awarding sentence and your offer of paying the money will be a mitigating circumstance. The court may impose a fine only.

Answered on 7/17/07, 10:36 am

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