Legal Question in Criminal Law in India

Section 138 appeal

awarded 1 yr imprisonment and compensation amounting to cheque amount and little bit in legal expenses in total of 7 cases.Appealed in session court and was asked to deposit half the amount. Deposited half the amount in 4 cases . what action can be taken against me for not complying with session court order by not depositing half the amount in balance of 3 cases. And also can complainant appeal for enhancement of compensation to include interest component.


Asked on 5/01/07, 2:28 am

4 Answers from Attorneys
mrugank patnaik msnp

Re: Section 138 appeal

appeal may not admited or sentence may not stayed.

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Answered on 5/01/07, 8:36 am

Re: Section 138 appeal

The appeallate will not entertain your appeal and may dismiss the appeal.Thiugh there is no provision in Cr.p.c. there is no provision nor the court is competent to grant interest on the fined ammount but there is no provision to restrict the court also.It depends upon the court and the competency of your advocate.

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Answered on 5/01/07, 12:35 pm
G. M. Gupta gmguptaandassociates

Re: Section 138 appeal

in case of non compliance of the order of depositing half the amount in all cases your cases will not be entertained and will be dismissed.

interest can not be claimed by the complainant as no provision in NIA.

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Answered on 5/01/07, 2:00 pm
Shrichand Nahar S.V.Nahar, Advocate

Re: Section 138 appeal

The seesions court will dismiss the appeals in which you did not comply with the orders. Consequenlty, you will be taken into custody and sent to the Jail to serve the punishment awarded.

The Complainant can not appeal but can file a Revision Petition for enhancement of sentence, compensation etc.

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Answered on 5/02/07, 2:54 am


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