Leave from imprisonment
Harmeet Singh
(Querist) 15 May 2018
This query is : Resolved
Is their any law/procedure if the person's petition dismissed from SC. The order of the Low court is (under section 138 ni act) cheque was of 2 Lakh and court gives 3 Lakh & 2 years S.I. (if not able to pay the amount, has to move more for 1 month S.I.)............. The accused is ready to pay the amount & compensate or compound penalty also. But want relief from imprisonment......
Experts Please Suggest.........
P. Venu
(Expert) 16 May 2018
The judgment of the Supreme Court is final. Of course, a Review Petition could be filed; but it is seldom that an RP is admitted.
Guest
(Expert) 16 May 2018
Have you been awarded with imprisonment is the case and for how much period?
T. Kalaiselvan, Advocate
(Expert) 18 May 2018
The supreme court order is final hence you may have no respite in this.
You could have made this in the first appellate court i.e., the district court itself.
Dr J C Vashista
(Expert) 20 May 2018
File review petition and urge for mediation, you will get desired results.
Hemant Agarwal
(Expert) 03 June 2018
1. Try to persuade the Complainant to file his affidavit that he agrees and prays that "imprisonment" may be condoned off, since he has satisfactorily received his money /compensation .... and that he was no grievance hereinafter....
2. Annexing above, file Revision Petition undertaking to do community service, and rest leave it to destiny.
NOTE: Surprisingly the matter went upto Supreme Court for a paltry sum of 2 Lakhs and seemingly the Accused took everything for granted (a mistake, which is going to cost him 2 years of imprisonment)
Keep Smiling .... Hemant Agarwal
Guest
(Expert) 04 June 2018
Absolutely vague, hypothetical and unconvincing query! This fact becomes much more clear, when you have not responded to the query on the guest (expert), who asked you whether you have been imprisoned for the case and for how much period.
Further, you have avoided to state on what ground the lower court ordered such a stringent punishment and also why the High Court also not given you any relief.
Also, can you state, why you have not been guided on this point by any of the lawyers who fought your case all through right from the lowest court to the highest court?
Your readiness to pay the amount along with interest should have been made known to the trial court, which you seemed to have failed to make known even to the HC. Was there any specific reason you could not tell the trial court about your readiness to pay the amount along with interest to the applicant? Now forget about any relief after the judgment of the Supreme Court.
