SAMI FAROOQ (Owner) 14 December 2018

138 case judgement

I AM ACCUSED IN CASE U/S 138 NI AT BANGALORE. JUDGEMENT IS KEPT FOR 18-12-2018. MY LAWYER COULD NOT FIGHT CASE PROPERLY AND I COULD NOT TRAVEL TO BANGALORE DUE TO ILLNESS. APPLICATION FOR RECALL OF NBW WAS NOT ENTERTAINED. NOW IF JUDGEMENT GOES AGAINST ME AND I AM NOT PRESENT WHAT CAN HAPPEN? MY LAWYER TOLD HE WILL FILE FOR SUSPENSION OF CONVICTION AND TAKE 30 DAYS TIME FOR APPEAL.

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11 Replies

kaushikbhadra 14 December 2018

Go for settlement.

SAMI FAROOQ (Owner) 14 December 2018

Yes sir but that is in long term. My immediate worry is what the judgement would be.

Suri.Sravan Kumar (senior) 14 December 2018

you said that your Lawyer could not fight the case properly and how can you except judgement in your favour? Best thing is to go for compromise.

SAMI FAROOQ (Owner) 14 December 2018

I agree that judgement would not be in my favour but what could judgement be? Only payment or also jail sentence? And what about filing appeal? I shall have 30 days and judgement would be suspended for 30 days to allow appeal?

Suri.Sravan Kumar (senior) 14 December 2018

why do you worry about the outcome think about settlement as well as payment first.

kaushikbhadra 14 December 2018

The outcome may be jail sentence or direction to pay principal with fine or both. I depends on the judge/magistrate and the way the case was handled. The judgement will be suspended for 30 days but on appeal your expenses will go up. And as my Ld. Senior stated above, go for compromise at once without wasting time over speculating about the outcome of the judgement.

SAMI FAROOQ (Owner) 14 December 2018

Thank you sir. The amount is 6 lakhs and I do. It have the funds readily however Can I ask for time and settlement in sessions court?

SAMI FAROOQ (Owner) 14 December 2018

Thank you sir. The amount is 6 lakhs and I do. It have the funds readily however Can I ask for time and settlement in sessions court?

SAMI FAROOQ (Owner) 15 December 2018

Sir

Thanks for your advice.Can I approach court through my lawyer for settlement as I am worried I may be arrested because NBW is already pending against me. Judgement is posted for 18-12-2018.