Legal Question in Criminal Law in India

Re: 138NegotiableInstrumentSAct

it can be but there are case laws that it should not be considered for details call 9818043888

Re: 138NegotiableInstrumentSAct

If the case was filed in the court after the enactment of THE NEGOTIABLE INSTRUMENTS (AMENDMENT AND MISCELLANEOUS PROVISIONS)ACT, 2002, it is possible to compound the case under Section 147. Even if the case was filed earlier and is pending, it is possible to consider this as a mitigating factor and reduce the punishment to the minimum. Both these things are possible only after the payment is made to the complainant in full discharge of the amount of cheque.

Bottomline:

See when was this case filed. Prior to 2003 or later.

2. If the cheque amount is settled in full, yes this is a mitigating factor.

See

http://www.tmpsearchers.com/article01.asp?submit=Y for more information on the subject

Re: 138NegotiableInstrumentSAct

Dear Gentleman:

Yes, the Hon'ble Supreme Court has held that making payment after the expiry of period of legal notice (whether before or during the proceedings) makes the offence but certainly is a mitigating factor in awarding the sentence.

Arya

Re: 138NegotiableInstrumentSAct

Payment during pendency is definitely a mitigating circumstance. But limitations of mitigating circumstances are obvious. Only concession in sentence can be expected. However, it is surprising that alongwith payment, why the case was not compromised/compounded??