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138 case suspension vacated by sessions court


17-Jul-2023 (In Criminal Law)
I am an accused in a 138 cheque bounce case and I had lost the case in magistrate court. Now appeal is pending in the sessions court but due to non payment of compensation amount my suspension of sentence is vacated. I was convicted and 3 months imprisonment was ordered + 4 lakhs amount to be paid. What can I do now? I am discussing with the party for settlement, if they agree what would be the action we can take for withdrawing the complaint?
Answers (2)

Answer #1
754 votes
In an appeal before the sessions Court, if the appeal is timely filed then the sessions Court suspends the sentence, orders 20% of the amount to be deposited for the appeal. If the sentence is not suspended then warrant will be issued.
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Advocate Mohd Atik Iqbal

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Answer #2
741 votes
settlement can only be that you agree to pay proposed amount whatever the other party is interested in and you have to pay that particular amount that would be the settlement and after keeping in view that settlement attend the court and mention the same before the concerned magistrate and then the complaint gets withdrawn.
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Advocate Juhi Qureshi

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