cheque judgment

Querist : Anonymous (Querist) 22 January 2010 This query is : Resolved
judgment pronounced-accused ordered to pay cheque amount plus 4 thousand fine-if not paid sentenced to go 3 months imprisonment- whether court can take the accused into custody immediately?

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adv. rajeev ( rajoo ) (Expert) 23 January 2010
Yes, but u/s 389(1) & 3 Cr.P.C. you will have to file a bail application along with an application for suspension of sentence till the appeal period over. Sentence will be suspended and bail will be granted to the accused till the appeal is period is over.

adv. rajeev ( rajoo ) (Expert) 23 January 2010
After prouncement of judgement immediately you will have to file above said applications to aviod the arrest of the an accused.

B K Raghavendra Rao (Expert) 23 January 2010

Unless an application is made under Section 389(1) of Cr.P.C. for suspension of sentence on the ground that the accused would appeal against the judgement, the court shall immediately (on the spot)take the accused into custody for enforcing the terms of judgement.

Arvind Singh Chauhan (Expert) 23 January 2010
I agree with all above opinions.

Adinath@Avinash Patil (Expert) 23 January 2010
I AGREE WITH ABOVE RAJEEV AND RAO.

Deekshitulu.V.S.R (Expert) 23 January 2010
suspension of sentence will gbe given only on payment of fine amount. So along with the appication you have to deposit the amount of fine. Then only the court will stop the immediate arrest

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