25% OFF on all LCI Courses. Offer valid till 5th Oct. Use Code: DUS25
LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Want relief from imprisonment in 138

(Querist) 05 May 2018 This query is : Resolved 
Hi all respected Advisers, I have a case under section 138, its family distribute property related, the cheque is only of 2 Lakh, which were bounced, i lost in the low court (as they give 2.90 lakh [90 k as penalty] and 2 years imprisonment) then i go to session court (they give me a favour & relief me from both) then the complainant goes to high court (they again apply the same low court decision) These all happen in jaipur court, at last i file a petition in supreme court, first they accept the petition & give me bail, but after on earing they say No No to every defense of my a lawyer & dismiss the petition..... lawyer suggest me to file review again in supreme court......

I just want relief from imprisonment & ready to pay the amount.......

Plz suggest me some impressive suggestions....... Thanking You

Dr J C Vashista (Expert) 06 May 2018
Pray for referring the matter for mediation in Supreme Court.
P. Venu (Expert) 06 May 2018
The decision has reached finality. But it is seldom that long sentence is awarded in a NI 138 case. The general norm is imprisonment till the raising of the court. Please verify.

A Review is never an effective remedy.
Guest (Expert) 06 May 2018
You had said its a Family dispute . Better seek an amicable compromise with the concerned relatives and seek the possibilities of withdrawal of suit by entering in to compromise.. Normally the Review petitions would come before the Same judges and the Results will have No Guarantee to be on your side.
T. Kalaiselvan, Advocate (Expert) 07 May 2018
You could have arrived at the compromise what you talk now very long ago when the matter was running in the trial court or in an appeal in the sessions court.
You allowed the complainant to escalate the matter to high court due to egoistic issues or over confidence.
Now you are the sufferer for your own fault.
However now after the apex curt has passed an order confirming the trial court decision you have very less chance for a desired relief even in the review petition before the apex court.
Ms.Usha Kapoor (Expert) 21 June 2018
I agree with Kaklaiselvan.

You need to be the querist or approved LAWyersclub expert to take part in this query .

Click here to login now

Similar Resolved Queries :

Post a Suggestion for LCI Team
Post a Legal Query