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Neha Chowdhary (Law Officer )     08 January 2012

Punishment to heart pateint in 138 ni.

Dear All,

Regards,

I am a budding lawyer.I am having one 138 matter in lower court. I m from accused. Accused in patient of massive heart attack..and is on bed rest...Please tell me what's the provision in 138 NI act for imposing punishment to the heart patient....can it be exempted?please guide me as i wanna save my clients life as this punishment can be life threathing for him....please provide a case law for the same....please email me on nchowdhary81@gmail.com

 

thanks



Learning

 4 Replies


(Guest)

Please tell me what's the provision in 138 NI act for imposing punishment to the heart patient

There is no provision  under 138 NI act.Only you can do is to file an appeal .If lower court has punished uder 138 NI act,get bail(give this reason i.e, heart patient ) and file an appeal .

Arvind Singh Chauhan (advocate)     08 January 2012

Court can warn him under Sec 360 and may compensate the complainant to distribute justice under Sec 357 Cr.P.C.

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     08 January 2012

There are no special provision for punishments in any act.,

 

The court can award lesser punishment in the view of compelling health reasons, but it is still the discretion of the court.

 

 

Regards,

 

Shonee Kapoor

harassed.by.498a@gmail.com

DEFENSE ADVOCATE.-firmaction@g (POWER OF DEFENSE IS IMMENSE )     09 January 2012

Instead asking for leniency fight the case , it is easy to win NI 138 cases since complainant make lot of mistakes in over confidence.

 

Any case of cheque bounce  (NI 138)  can be won by the accused if diligently perused from initial stage. It is  a myth that once a cheque is bounced conviction is imminent .

 The complainant has to pass many many and many legal hurdles to achieve this.

 1) Prove legal liability 2) Prove notice 3) frame proper pleadings in the complaint 4) produce all the evidence with the complaint 5) Prove cheque was actually given to the complainant 6) Prove its bounce against the complainant not against any body else. This is a big catch and ignored by many most of the time.

Accused  suffer only due to guilt complex and initial lethargy .Power of defense is power of negative which is  perpetual and immense.


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