Legal Question in Criminal Law in India

section 138

Awarded sentence by lower court , appealed .argued ,likely to get confirmation of sentence because I have not informed complainant properly Bifr had said keep a record of all transaction while as I did not pay and cheque bounced. kusum ingot does not help because restrain partial. How do I negotiate after or just before sentence is confirmed by the appelant court session court.the complainant is likely to go to high court even if he looses.what are the options open to him


Asked on 1/24/09, 12:23 am

4 Answers from Attorneys
Sudershan Goel India Law Offices of Sudershan Goel - Advocate

Re: section 138

You may offer settlement of the dispute in the appellate court.

Read more
Answered on 1/24/09, 7:27 am
Shrichand Nahar S.V.Nahar, Advocate

Re: section 138

Upon confirmation of sentence by the sessions court, first thing that will happen is accused is sent to the jail immediately.

If accused want to settle, he should opt for the same before judgment of sessions court. Since such settlement would save him from going to jail.

Read more
Answered on 2/07/09, 4:49 am
Seema Bhartiya

Re: section 138

Thanks for referring an interesting question of law involved in the matter. I had carefully gone into the facts narrated by you in your reference.

If you want to settle the matter, you can request the to send matter in mediation with the consent of complainant.Mediation is the best way to settle the matter amicably and no party will be loser here.

In case you find any difficulty, please don�t hasitate to recommunicate your problem.All possible assistance will be provided you.

Read more
Answered on 1/24/09, 10:24 am
Aniruddha Pawse Aniruddha.P.Pawse Advocates

Re: section 138

you can compromise with complainant and pay him the amount and ask him to withdraw the complaint.

Read more
Answered on 1/25/09, 10:56 am


Related Questions & Answers

More Criminal Law questions and answers in India