Hello,

What is the punishment that has been imposed upon you by the Session Court?

Regards

You can pay him through demand draft in the court..a compromise statement will be written before court and sentence will be suspended

That is the lower court judgment .. Give him a DD of this amount .. He can withdraw the case after compromise statement

Hello,

As per law offence under section 138 can be compounded even after the punishment has been passed. reference may be drawn to following judgements:

Anil Kumar Haritwal & Anr. vs. Alka Gupta & Anr. [(2004) 4 SCC 366];

B.C. Seshadri vs. B.N. Suryanarayana Rao [2004 (11) SCC 510] decided by a three Judge Bench;

G. Sivarajan vs. Little Flower Kuries & Enterprises Ltd. & Anr. [(2004 11 SCC 400];

Kishore Kumar vs. J.K. Corporation Ltd. [(2004 13 SCC 494];

The golden thread in all these decisions is that once a person is allowed to compound a case as provided for under Section 147 of the Negotiable Instruments Act, the conviction under Section 138 of the said Act should also be set aside.

In the case of Vinay Devanna Nayak (supra), the issue was raised and after taking note of the provisions of Section 320 Cr.P.C., this Court held that since the matter had been compromised between the parties and payments had been made in full and final settlement of the dues of the Bank, the appeal deserved to be allowed and the appellant was entitled to acquittal.

Therefore, either you may take a chance and file a compromise in that court itself, but if that court refuses to recal its own judgment then you will have to file an appeal.

You can call me for further clarification.

Regards

Hi, it is better you can file an appeal in the High Court and thereafter you can compromise the matter in the High Court and then you can set aside the order passed by the Hon'ble Session Court.

File appeal against order

2) cheque case can be settl d at any point of time

3) Since, section 147 of the NI Act does not require permission of the court for compounding such an offence, no such permission is necessary and the parties therefore can enter into a compromise outside the court and then get the same recorded in the court at any point of time before the sentence is fully executed,”

4) The Delhi High Court has ruled that an accused charged with dishonoring a cheque can lawfully resolve the case even outside the court during any state before the commencement of execution of punishment.

You are at liberty to settle the case .

File appeal and make application for compounding the case

Make payment to the complainant and your conviction would be set aside

This is a tedious process and I have already told you that this is usually done after filing an appeal, and the SC has settled the law with regards to this.

You can enter into an telephonic conversation with me to know the process in details.

Final advise: you can get it done only bh filing an appeal.

Regards

I have already given you the judgement in detail, and have told you the process, even the court can set aside the judgement of the lower court in appeal.

Once you make a settlement deed before court.. The appellate court can suspend the sentence .. The complainant can give a statement of compromise ..

1) your appeal is disposed of by sessions court

2) file appeal in HC

3) you can file application for compounding before HC

4) make payment and order of conviction would be set aside

now as the session court as given a judgement as on July 13 2017, were i am convicted.... what is the procedures to close the case, what are procedures for Out of Court settlement, and how to pay him the money and close the case Legally.

Since the court has passed judgment sentencing you to undergo imprisonment, you have no other choice than to approach the appellate court with an appeal.

In the appeal proceedings you may inform that a compromise has been arrived at out of court, the respondent has to confirm this after which the appellate court may set aside the judgment of the trial court by allowing the appeal.

There is no other way that you can come out of the punishment already pronounced.

15.00 LAKHS AND ONE YEAR Simple Impersion..

Yes, an appeal against the above judgment shall be the only solution for this.

It i the discretion of the appellate court to either allow the appeal or to reject the same and confirm the trial court judgment.

However you can file a memo narrating the incidences as well as the out of court settlement, the appellate court may allow ther appeal and would set aside the trial court order.

The judgment of conviction and sentence imposed by the sessions court cannot be purged without filing a revision in the High Court. Move the High Court and then file a joint compromise deed, whereupon the High Court can allow the compounding of the offence. If you do not go to the High Court then the order of the sessions court will be executed.

1. The Sessions Court will not review and recall its own order of conviction as it has become functus officio.

2. Move the High Court and file a joint compromise deed.