Civil Procedure Code (CPC)

section 138 of NI Act

This query is : Resolved 
 

(Querist)
27 September 2009

Party entered into Compromise before Magistrate and agreed to pay the cheque amount in two installments, judgment was passed accordingly, now accused had preferred an appeal, whether compromised judgment can be appealed


Raj Kumar MakkadOnline (Expert)
27 September 2009

No. there is no scope of appeal in the lights of the facts of ur case. Liability has already been accepted, hence it is fatal for accused.

Bhumik DaveOnline (Expert)
27 September 2009

Appeal can't file against compromise judgment

adv. rajeev ( rajoo )Online (Expert)
28 September 2009

NI act is compoundable offence. In this case liability is admitted. Accused has no chance of success.

Adinath@Avinash PatilOnline (Expert)
28 September 2009

Tnere is no chance in appeal, you have admitted your liability, it is better to pay as you admited in compromise.Don,t west time in filing appeal.

Sarvesh Kumar Sharma Advocate (Expert)
28 September 2009

no sir at this stage appeal is not stand.



Guest (Expert)
28 September 2009

NANDKUMAR B.SAWANT.M.COM.LL.B.(MUMBAI),ADVOCATE
MOBILE.09325226691, 09271971251
e.mail.adv.nbsawant@yahoo.co.in
e.mail.nandkumarbs@sify.com

REGARDING THE APPEAL FILED BY ACCUSED AFTER COMPROMISE JUDGEMENT.

1.KINDLY REFER THE JUDGEMENT, THE HONOURABLE JMFC MUST HAVE ACQUITED THE ACCUSED ON THE BASIS OF COMPROMISE.
2.KINDLY NOTE THAT APPEAL AGAINST ACQUITAL IS TO BE FILED AT HONOURABLE HIGH COURT. YOU MAY APPEAR THERE AND MENTION ALL FACTS AND PRODUCE CERTIFIED COPY OF COMPROMISE PURCIS WHICH WAS FILED AT JMFC.COURT.YOU MAY OPPOSE THE APPEAL AT THE STAGE OF ADMISSION AND STRONGLY DEMAND THE BALANCE AMOUNT NOT PAID BY ACCUSED.UP ON HEARING BOTH THE PARTIES THE COURT MAY PASS JUST AND PROPER ORDER.
IN CASE YOU NEED ANY HELP KINDLY SEND DETAILS AND WRITE.
THANKING YOU
YOURS SINCERELY
NANDKUMAR B.SAWANT.M.COM.LL.B.(MUMBAI),ADVOCATE.


PJANARDHANA REDDY (Expert)
28 September 2009

HALLO NANDAN JI,

ACCUSED GOING FOR APPEAL ON COMPRI, WHICH IS NOT MAINTAINABLE. ACCUSED FALLS UNDER CONTEMPT OF COURT,THE COMPLAINANT CAN APPROACH THE TRAIL COURT TO PUNISH ACCUSED AND DEMAND DOUBLE THE AMOUNT....

Sachin Bhatia (Expert)
28 September 2009

Sec 138 is a compoundable offence, after compromise there is no chance in appeal.

A. A. JOSEOnline (Expert)
28 September 2009

I endorse the views of experts and reiterate that once the offence is compounded, there is no scope for appeal againist the same unless there is proven case a fraud involved therein.

venkatesh (Querist)
28 September 2009

Sorry Mr.A.A.Jose, I intended to thank you, but accidentaly, no thanks icon was clicked, sincere apologies

venkatesh (Querist)
28 September 2009

In continuation of the same, here Accused had preferred an Appeal. Further, on the date of compromise, the Accused Advocate voluntarily stood absent. judgment was passed in terms of compromise thereby allowing the Accused to make payment in two installments. on the date of payment of 1st Installment, Accused advocate took adjournment. Now another advocate had preferred an appeal.

Somnath mukherjee (Expert)
28 September 2009

i agree the above view



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