Legal Question in Criminal Law in India

section 138

Accused in a cheque bouncing case ,in which he was sentenced for not caring and due dilligence has filed an appeal. The plea he took in this case was he was restrained by bifr whereis since a running company he was asked to carryout day to day activity.He did not bother to take permission of bifr before allowing the cheques to bounce nor he informed the complanant about the restrain order.Just informed complainant that his company is declared sick. What response I as complainant take in case he switches over to another excuse of defending himself. Can he produce further evidence which was not thought of earlier.Why law is reluctant to give severe punishment to unscruplous company directors who knowingly sign cheques knowing fully well that it will bounce.


Asked on 12/08/08, 11:39 am

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

Re: section 138

One need to know facts and evidence in details for commenting on the matters pending before appellate court.

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Answered on 12/09/08, 12:28 am
Nasir Butt Nasir Law Associates

Re: section 138

Detial evidence is required.

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Answered on 12/09/08, 5:59 am
Aniruddha Pawse Aniruddha.P.Pawse Advocates

Re: section 138

filing an appeal is his right but you can defend the appeal. above details are not sufficient to answer exact query.

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Answered on 12/09/08, 7:31 am
Homi Maratha N.N. Maratha & Co.-Advocates

Re: section 138

Please state the evidence and the facts.

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Answered on 12/15/08, 6:38 am
Sudershan Goel India Law Offices of Sudershan Goel - Advocate

Re: section 138

Law is clear on the subject; the punishment may be confirmed by appeal court. there may be chances of compromise and you may get your money.

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Answered on 12/10/08, 12:17 am


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