Legal Question in Criminal Law in India

case under 138 NI

We have already lost the case in the metropoliatant court . we have appealed in session court ,now we want to settele this matter ,we are ready to make the payment of the amount of the bounce cheque,so what procedure we can go through and how we can settle this case. Do we have to pay only the cheque amount or even the interest if yes how much percent of interest. After satisfying complainant with all aspects can he withdraw the case & the sentence of 6 months awarded by the former lower court can be terminated.


Asked on 8/29/07, 3:25 am

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

Re: case under 138 NI

You can compromise and compound offence u/s.138 NI at any stage. If offence is compounded, it will result in acquittal of accused and there will not be any question of punishment

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Answered on 8/30/07, 5:37 am
Homi Maratha N.N. Maratha & Co.-Advocates

Re: case under 138 NI

good morning

first of all let me inform you that you have to pay the interest and apart from that as far the case is concerned yes it can be terminated until and unless the complainant agrees on all the conditions

contact personally

professional charges may be applicable

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Answered on 8/29/07, 3:35 am

Re: case under 138 NI

Matter can be compounded at any stage.You can enter into compromise with opposite party and you can also seek pardon from appellate court after making the payment.Move necessary application in appellate court.

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Answered on 8/29/07, 3:54 am
Alok Sharma Alok Sharma & Associates

Re: case under 138 NI

First of all understand that you are at the mercy of complainant so far as the compromise is concerned. If complainant agree it can be compounded even at appellate stage. There is no law regarding the payment of interest. It is what is mutually agreed.

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Answered on 8/29/07, 9:23 am


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