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seema sharma ( manager)     22 August 2012

S.138 proved,accused waiting for judgement,what to do, i

sir, i am new and my client was acused in a matter of cheque bounce and today judge informed that he is going to be proved guilty.

now my client decided to pay the co. of which he is defauler,what is the best option in this case whether it will save him from punishment as next date is for judgement.or should he not deposit the amount till date of judgement.

whether they arrrest him immediately if he doesn't pay.or he will get some time to make payment.

pls guide.


 7 Replies

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 )     22 August 2012

It for the punishment of the cheque bounce. Under this act one held guily under forgery and liable forpunishment base on the amount of cheque value.

Yogesh Anand (Head- Legal AVP)     23 August 2012

sec. 138 of NI Act provides for punishment upto two years or fine upto double the amount  of cheque or both.  thus imprisonment is not the only punishment it can be fine also.  but since you know that he is likely to be proved guilty you can pay the amount to the creditor and get the offence compounded if he agrees to settle the matter out of court.  please don't wait for the judgment as compounding is permissible in this case.

LAXMINARAYAN - Sr Advocate. ( solve problems in criminal cases.     23 August 2012

If both parties agrees for compromise the case can be withdrawn after payment, otherwise there will be fine, compansation and conviction.

If the complainat do not agree for compromise be read for bail application and /or suspension of sentence till revision which will be granted.

Ashish Singla 098140 76600 (Cheque Victim's Lawyer. LUDHIANA (PB))     23 August 2012

Hi , I gone through ur problem , but i am not clear about detail of ur case , if u explain me in deail  than i can be helpful for you, u pl contact me ,

manish jeswani (lawyer)     24 August 2012

if ur client is ready to compound the matter and to pay the cheque amount then file application for compounding the case in view of Damodar Prabhus case and as such u will have to pay the cost becoz of belated moving of application.But the consent of complainant will be required for compounding the case,even if the complainant may not get ready for the same it will mitigate the circumstances and judge might take lenient view and imlose the fineonly of cheque amount.

R Trivedi (     26 August 2012

The questions asked reflects total lack of knowledge and can be very damaging to clients in criminal matter where the question of someone going to Jail for incompetence or ignorance of counsel is palpably present.


You should have worked under some senior counsel before taking up such matters directly.

v.lakshminarayanan (prop)     30 September 2012

dear members

i feel that it is not proper to castigate the young lawyer. he can of course learn a lot by starting out.

yes, you can move for compounding of the case by remitting the full amount immediately without waiting for the judgement.

or you can atleast plead with the court for utmost leniency in sentencing - since you are ready with the amount.

what about the complainant and his lawyer? are they ready for the compromise?





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