Legal Question in Criminal Law in India

criminal law section 138

after being sentenced (1 year imprisonoment and compensation of 4 lakhs) by lower court ,the accused filed appeal in session court. He tried to postpon the hearing by absenting , telling about settlement and delaying on minor reasons. The judge ultimately rejected the lawyers application for adjournment. Now what happens?

a, the judge will dismiss the case in final order

b,Issue NBW against the accused

c, Allow 50 % of compensation to be given to respondent(complainant)

d,allow further opportunity for settlement

e.All of the above

can I ask accused to pay full amount along with agreed interest at 18% as signed in MOu which works out to be about 12 lakhs for settling the matter.


Asked on 2/13/08, 12:47 am

2 Answers from Attorneys

Re: criminal law section 138

It all depends upon merit of the case.

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Answered on 2/13/08, 12:14 pm
Shrichand Nahar S.V.Nahar, Advocate

Re: criminal law section 138

You can not claim on the basis of MoU.

Judge need to decide the appeal on merits, whether the appellant-accused is present or not.

If Judge confirms the punishment and the appellant accused is not present to serve the sentence, then necessary process to secure accused will be issued like NBW and proclamation.

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Answered on 2/13/08, 4:21 am


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