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Related 138 N.I. Act

(Querist) 12 December 2008 This query is : Resolved 
Dear Experts/Advocates
Sir,
I have handed over a chaque to Mr X, and after dishoner of the said chaque Mr X has filed a case against me U/S 138 N.I. Act. The court has Punished me with the Chaque amount, and the imprisonment for one year. Now I have Filed a Apple Against The order and Apple Is still Pending in Sesson Court. Now we (Mr X and I) are Ready To Compromise. Now What Possition Will be for one year imprisonment and what shuld I do.
Srinivas.B.S.S.T (Expert) 12 December 2008
A case under Section 138 NI Act can be compounded at any stage. Both yourself and Mr. X file a petition in the appellate court under Section 147 of NI Act, then the sentence imposed by the lower court will be set aside. Regards Srinivas BSST.
Suresh Kr. Mitruka (Expert) 12 December 2008
it can be compounded
Prashant Kumar Jha (Expert) 13 December 2008
You both will have to file a petition in the appellate court alongwith affidavit signed by both of u after that court will consider and will set aside the sentence
RAKHI BUDHIRAJA ADVOCATE (Expert) 15 December 2008
A case under Section 138 NI Act can be compounded at any stage. Both yourself and Mr. X file a petition in the appellate court under Section 147 of NI Act, then the sentence imposed by the lower court will be set aside.


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