Legal Question in Criminal Law in India

138 N.I. Act of in

in a running case u/s 138 of N.I.Act accdused want to return all money to complainant with interest but complainant dont want of there money he want jail as punishment to accused.meaning there by complainant don want to over this matter.now court cant Pressurized to complainant in that condition what is the Remedies for accused in that conditions?


Asked on 7/18/07, 9:44 am

4 Answers from Attorneys
Shrichand Nahar S.V.Nahar, Advocate

Re: 138 N.I. Act of in

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the court is obliged to conduct the trial and decide the matter in accordance with law, unless it is compounded or withdrawn.

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Answered on 7/29/07, 5:34 am
G. M. Gupta gmguptaandassociates

Re: 138 N.I. Act of in

though its risky but generally fine only is imposed.

i again advice not to take chances and hire a good advocate.

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Answered on 7/21/07, 2:46 pm
mrugank patnaik msnp

Re: 138 N.I. Act of in

court can not compel complaint to compromise.

imposition of sentence is exclusively courts decession.complaint has no say in the matter of sentence.

accused should enter into plea-bargaining u/s 265-b of criminal procedure code.

he should express his willingness to give money.court may award fine only out of which compensation may given to complaint.

in worse appalate court will exempt from jail,only impose fine.

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Answered on 7/18/07, 11:02 am
Alok Sharma Alok Sharma & Associates

Re: 138 N.I. Act of in

No choice. It is sweet will of complainant. He can not be forced to compromise. But sentence is to be imposed by court. Your case is a good where in all probability only fine will be imposed.

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Answered on 7/18/07, 11:13 am


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