Legal Question in Criminal Law in India

Hi

I have 138 case. Its been eight years and havent attended a single trial. Myself and my family have tried a lot to do out of court settlement. We are even ready to pay more money. But we have been harassed to pay more now we would like to end the issue by paying the amount in the court. I am abroad and my father will be paying the amount. This has been suggested by quiet few lawyers. Please can you suggest if we are on right track. Also will this dismiss the case against me.

Thanks


Asked on 3/23/11, 9:03 am

1 Answer from Attorneys
Vishwa Arya Arya & Co.

you may use the judgment of the Supreme Court AIR 2010 SC 1907 wherein the Hon'ble Supreme court says that even a representative may pay the cheque amount and additional 10% towards Legal Aid for compounding the offence. Your father may move an application under section 147 of the Negotiable Instrument Act along with a draft for the cheque amount in favour of the complainant and along with additional 10% towards the state Legal aid authority.

If the court considers that you have come very late the court may ask 15% instead of 10% and nothing else. the case will finish.

Your case is in which state?

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Answered on 3/23/11, 10:23 am


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