Legal Question in Criminal Law in India

Re: Section 138

you have to reach a compromise with the complainant to set aside the conviction and also pay the full amount.

Re: Section 138

1.Trial Court Judgment prevails.

Rakesh Taneja

Taneja Law Office

223, New Lawyers' Chambers, Supreme Court of India,

New Delhi- 110001

Re: Section 138

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Re: Section 138

For a case u/s.138, imprisonment of 3 years is not imposed. It appears that you are not clear with facts of your own case. It is important that facts are put forth very clearly for arriving at an opinion.

Re: Section 138

If you can enter into a settlement with the complainant, I guess, your troubles should be over. In a recent case of Anil Kumar Haritwal v. Alka Gupta [reported in (2004) 4 SCC 366], the Supreme Court set aside the conviction and sentence imposed on the accused-defaulter since the parties had settled the matter and consequently, filed a compromise petition. If you can arrange to pay the complainant the entire amount and reach a settlement, then you can, on the basis of the above Supreme Court decision, pray for setting aside the conviction and sentence. Section 147 of the Negotiable Instruments Act (compounding of offence) can also be made use of.