Probation of Offenders Act

CHAUHANMA (Querist) 05 March 2010 This query is : Resolved
Nadeem was caught in a case of cheque bounce in April 2009. In view of circumstances, court given benefit to Nadeem stating in its order that the Nadeem was victim of circumstances as warehouse of Nadeem was looted in citywide disturbances, hence taking lenient view, awarded punishment of appearances of Nadeem before the Probation for 3 years against a bond in the month of July 2009 with instruction / order that after this day (July 2009) Nadeem shall not commit such offence (cheque bounce). However, Nadeem was again caught in another cheque bounce case AND given his statement on OATH before the Magistrate that he (Nadeem) has paid the total amount of said cheque to the Complainant and the complainant had to return such cheque to him, as the complainant was the vendor of Rice and Nadeem used to purchase rice from him for a long time hence in good faith Nadeem in good faith did not take the said cheque back from the Complainant. BUT the Complainant has misused this cheque against him. This cheque was also of the month of April 2009. Nadeem did not violate the order of the court, did not issue any cheque after the day of court order i.e. July 2009.

Question / Query is that; Whether Nadeem can request for benefit of probation again as he did not commit any such offence after the day of court order?
Upon request of council of Nadeem, the learned court has demanded some precedent / ruling for releasing Nadeem on Probation again.

Please Reply to: chauhanma@yahoo.com

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Raj Kumar Makkad (Expert) 05 March 2010
Definitely such accused take each and every plea benefitting themselves so Nadeem can also request court for granting him benefit of probation in the light of given facts.

Guest (Expert) 05 March 2010
yes. Although He not issued the check after july 2009. But similarly he had the knowledge that after the date of his conviction one more check might be dishonour. So, as per my view the date of offence is on the day on which the check dishonoured, if the cheque was dihonoured after the july 2009 then court can refuse his plea for giving probation.