Jainantony Antony 23 October 2023

Release of person in 138 ni act

Accused in a 138 ni act case punished for 3 months now the accused in the jail. but now the parties in the case came to a settlement by giving the cheque amount to complainant. In this stage here is it possible to suspend the punishment by the trial court or to go to appeal court kindly advice

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3 Replies

P. Venu (Advocate) 23 October 2023

What exactly is the judgment of the Court? Has the money been given in lieu of the fine imposed by the Court?

Advocate Bhartesh goyal (advocate) 23 October 2023

Accusrd has to file appeal before Session Judge having jurisdiction and and then submit compromise/settlement petition before court and get orders from court .

T. Kalaiselvan, Advocate (Advocate) 23 October 2023

yes the accused can file an appeal and also a petition to suspend the sentence.

In the meantime if a settlement is taking place, botht he parties can file a joint memo before the appellate court to set aside the trial court order and dispose the main case as settled out of court by recording the settlement amount in the compromise decree.