Harassment in section 138 case
farook armaan
(Querist) 25 March 2012
This query is : Resolved
Thanks Dear all for your kind support which really helped me to solve my issue, Thanks Again may Almighty bless you all.
SAINATH DEVALLA
(Expert) 25 March 2012
Mr.Arifji,
Section 138 NI Act is a criminal case and how do you expect a permenant exemption.How come it has taken 12 long years of proceedings?
I will give you a small example:
Suppose a thorn sticks into your foot,what you have to do,you have to remove it using you nail.If you neglect,you will have to use an axe to cut the entire leg.
I am giving that example because initially we neglect and later repent.For a mere 2000/- you are stuck up with 50000/- plus insidental expenses.
What does your advocate i Meerut say?Better go for a compromise even at this stage.
ajay sethi
(Expert) 25 March 2012
if you dont appear in court the magistrate will issue warrants against you .
has your advocate made an application for exemption until futher orders . ?
if you advocate had made such an application the court would have granted you exemption if it deemed fit .
has your advocate made an application for compounding of offence?
make such an application and deposit the cheque amount in court .
Sudhir Kumar, Advocate
(Expert) 25 March 2012
how the things go so bad for rs 2000/- did you not pay whne notice was received.
Yu have perhaps allowed things to go bad.
The amount may be around rs 18000/- at interest @18%p.a.
When you harass a person for 12 years for rs 2000/- why he should demand less than what is is demanding.
PARTHA P BORBORA
(Expert) 25 March 2012
in my opinion you should instruct your advocate to file an application and pleads guilty. The punishment in 138 N I Act is 3 years (max) or fine which may extend twice the amount of the cheque Or with both. But if you pleads guilty , in my opinion the court will impose you fine only. In that situation you have to pay max Rs.~4000 only And the solution is a permanent one. Think about it.
PARTHA P BORBORA
(Expert) 25 March 2012
my above opinion is based on the fact that compromise is not an option for you in connection with your case.
PARTHA P BORBORA
(Expert) 25 March 2012
if the cheque was issued by you and the case was filed within the limitation period, you have a little chance. As the complainant is not ready to compromise and as the amount of the cheque is only 2000 u may plead guilty before the trial court. In that situation in my opinion, if u plead guilty court will convict u and sentence u to pay fine only Which may extent to Rs 4000. But there is a big risk- court may sentence u imprisonment too. Every thing will depend how your advocate submitted the prayer before the trial court. it is an easy way to put an end of your harassment permanently, Specially when there is no chance of compromise and every possibility of conviction if u contested the case. Choice is yours.
Shonee Kapoor
(Expert) 25 March 2012
Norhing left to add.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
farook armaan
(Querist) 30 March 2012
Sir, Thanks for your valuable Advice, i had visited Meerut and recall NBW, The Honable judge had forwarded my case to meditation center for compromise saying that the amount is so small & its a wastage of time for a court to look after this small matter, where accused is ready to pay the amount....my question is what is meant by meditation centre ? and how does it works. please guide me.
V R SHROFF
(Expert) 30 March 2012
He will do one time settlement, both of you agree in presence of mediator, & u offer what you want to pat, and if opp parry agree, pay it by DD, and both can jointly withdraw the case. Even comp alone, too can withdraw it.
