Legal Question in Criminal Law in India

On Last Date I was present I didn't understand what order judge give. Order is below

Counsel for complainant submits that accused had settled the

all three connected cases before Mediation Cell, KKD for Rs. 3,45,000/payable

by year 2009. However, counsel for complainant submits that

accused had paid only Rs. 30,000/so

far. Meanwhile, accused again

seeks two years time for paying remaining settlement amount. Counsel

for complainant submits that it is not acceptable to the AR for

complainant. In this circumstance, court considered that previous

settlement stands failed. Accordingly, plea of defence of accused

recorded in which accused admitted liability in question due to which

cheque in question was issued by him. Accused further submits that he

needs some time for paying remaining settlement amount to the

complainant. In view of voluntarily plea of guilty of accused, conducting

trial of this case any longer would be futile exercise. Accordingly,

accused is convicted for offence u/s 251 Cr.P.C after recording his plea

of guilt in his own words. This being the case, let matter be adjourned

for argument on point of sentence on 22.06.2012.


Asked on 5/22/12, 7:21 pm

4 Answers from Attorneys
Fca Prashant Chavan Expert Edge LLP

23.05.2012

Dear Sir / Madam,

Section 251 - When in a summons case the accused appears or is brought before the Magistrate, the particulars of the offence of which he is accused shall be stated to him, and he shall be asked whether he pleads guilty or has any defence to make, but it shall not be necessary to frame a formal charge.

In your case the Judge has ruled the matter has be adjourned for argument on point of sentence on 22.06.2012. You should consult your lawyer on the corrective line of action you can take, inorder to minimize the sentence to be pronounced by the Judge against you in the case.

You can also mail me for any further on-line advice at [email protected]

Regards,

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Answered on 5/22/12, 11:13 pm
RAJIV GUPTA (Cell: +91 9811284735) [email protected]

what exactly would you like to know? are you on the accused's side or complainant?

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Answered on 5/23/12, 5:27 am
Sanjay Kalra Sanjay Kalra & Associates

If you are an ACCUSED in this case then your free time is over as you have admitted your liability and you have been convicted by the court and now the matter is listed for sentencing which means the time period which you would be required to spent in a jail.

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Answered on 5/23/12, 11:30 pm
Shrichand Nahar S.V.Nahar, Advocate

It recorded conviction on plea of guilt and postponed the matter for awarding sentence.

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Answered on 6/07/12, 12:03 am


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