Rajesh Upadhyay (businessman) 06 November 2011

Charged under section 336, 337 & 338

my friend is cable operator and charged under 336, 337 & 338. My friend has been is charged because one customer complained that he get shock from the cable and stated that when he was sleeping the cable is fallen over him and he got shocked. That customer had operation and in operation he had to lost one leg and one arm. my cable operator friend states that from cable tv you cannot get that much shock this is due to the high tension line of the GEB. That poll was also shot that day and one cow is died that day due to the poll of the electic. What is the punishment my cable operator friend will get plz reply..

He had claimed for 20 lacs rupees, if judgement comes in favour of the customer than how much my friend to pay to the customer? If he got imprisonment then is there any chances of bail so that he have not to move to jail?

plz,.... plz.....reply...

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8 Replies

adv. rajeev ( rajoo ) (practicing advocate) 06 November 2011

offences are charged under the IPC sections, there will be fine or imprisonment or both. Let him contest the case.

2 Like

sridhar pasumarthy (ADVOCATE) 06 November 2011

Dear Rajesh,

In case of section 336 I.P.C., maximum punishment is 3 months or fine upto Rs.250/- or both.

In case of section 337 I.P.C., maximum punishment is 6 months or fine upto Rs.500/- or both.

In case of section 338 I.P.C., maximum punishment is 2 years or fine upto Rs.1000/- or both.

Even in case of convition, he can obtain Bail(suspension of sentence till the date of filing appeal) and he can prefer an appeal to Sessions court.

1 Like

Rajeev Kumar (Lawyer/Advocate) 06 November 2011

Dear Rajesh Adv. rajeev has has mention the case and sridhar has given the detail view. I totally agree with both.

1 Like

Rajesh Upadhyay (businessman) 07 November 2011

what about the claim that person had made of 20 lacs rupees ?

sridhar pasumarthy (ADVOCATE) 07 November 2011

Did the victim filed any petition for compensation. Even, he could not that much of amount, as per the facts of your case. If you able to prove that there was no negligence on your part, you will be exonerated from liability. Engage a local lawyer.

Rajeev Kumar (Lawyer/Advocate) 07 November 2011

I agree with sridhar whether the victim have filed a case for compensation.

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com) 08 November 2011

Mr. Upadhyay

Mr. Sridhar informed very well about your query follow him and hire a local Advocate to contest the case.

ravikumar astonkar (assisttant public prosecutor) 08 November 2011

dear rajesh,

your information is not sufficient and requiered detail study of charge sheet. still there anr two fact. whether comlainant filed civil suit for compensation or criminal case is pending against y'r friend. by the way all section mention in it are bailable and it depends on in which state offence was registered, but bail can easily obtain.

in this section u'r friends negligent or rushness strictly prove by the prosecution. u have right to take defence of total denial even u can take defence that injuered is not u'r coustomer and u r not service provider. But whatever be defence u take 1 st ly u read all documents of charge sheet and find your naxes with crime which evidence asr against you; u rebute it in court . All though the case 's fact indicates contributery negligence it turn into accident. Good luck.