Legal Question in Criminal Law in India

Difference if realeased on probation or without it after conviction
A person is convicted of an offence u/s 138 NI Act.What is the difference and how it effects the future life of a convicted person in general and specially when he is a Govt. Servant 1) if he is realeased on probation under Probation offenders Act or 2)If he is sentenced only for fine and not for imprisonment 3) If he is sentenced till the rising of the court for that day without fine or impriosonment. 4. Where the records of conviction of private complainant like u/s 138 NI Act is maintained, so that it can be found whether a person is convicted before also and when a person is convicted any information about his conviction can be got by any public man easily. Because in a particular case, every time an accused takes plea that it is his first offence and the trial court normally assumes or accepts this version reasoning that there is no record on file of any previously conviction. 5. Where and Who is Probationary Officer in Jaipur who maintains the record of offenders released under Probation Act since I have been unable to find it out for about eight years in spite of asking many advocates and my best efforts.

Asked on 1/20/09, 9:46 pm

Sudershan Goel India Law Offices of Sudershan Goel - Advocate

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Re: Difference if realeased on probation or without it after conviction

Your statement is theoratical in nature. You may instead choose to state your legal problem for appropriate opinion/guidance.

Answered on 1/20/09, 11:34 pm

Shrichand Nahar S.V.Nahar, Advocate

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Re: Difference if realeased on probation or without it after conviction

Probation provisions may not be available for 138 NI, unless there is a local amendment for the same.

A conviction is a conviction, whether by way of fine or rising of court or otherwise.

Record in the nature of judgment of conviction are maintain and is part of public record. Generally, judgments are part of permanent record.

Answered on 1/21/09, 2:10 am

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