about jmfc court order in 138 ni act
Vishwajeet
(Querist) 26 July 2016
This query is : Resolved
I have 138 ni act case against me in jmfc court for amount of Rs 9,00,000/-..in same case I was convicted b jmfc court with order to pay 15 lacs as fine and simple imprisonment of 6 months..same day I have asked for bail to go in appeal in session court..so jmfc court ordered accused to be released on bail of rs15000/- and 1,00,000/- to be deposited ime as compensation in court ..as I had no person to be stand for bail bec I don't stay in same town.. we requested court that I should be released on cash assurance so court order us to pay Rs 50,000/- as cash assurance and Rs 1,00,000/- as compensation..so we deposited total 1,50,000/- as told and got bail on same day..( we appealed in session court against the conviction with in time limit)..every lawyer in that particularly town was shocked to hear such order has been passed by jmfc judge.. as it's an small town and not in any other case in history one has asked for amount of 50,000/- as bail amount.usually bail amount is not more than 10 to 15 thousand..
I have few questions..
1)Is it right or within law to put such condition by JMFC court(make an deposit of Rs 1,00,000/-as compensation) before accepting bail plea?and what is court meant by compensation? compensation to whom? what if one doesn't have such money?
2) as we have already deposited Rs 1,00,000/- in lower court as compensation..can session court ask for more deposit at the time of appeal? on this same site I have read that in one case which is Mr.dahanukar vs kotak mahindra under 138 ni act ..appex court stated that it's accused's constitutional right to appeal and no such condition can be put for accepting appeal..is it true?
4) are there any guidelines or judgment by higher courts about how much money one needs to deposit at the time of appeal against JMFC conviction order in 138 ni act? what if appellant does not have or arrange that kind money? why one needs to deposit that money as it's not an final court and he still has 2 appeal left.as per my case if session court ask me to pay 50% of fine amount as deposit which can be about 7.5 lacs+ lawyers fee..if I have that kind of money..i rather given it to the complainant and get out of this mess..im fighting bec it's case of stolen cheques and I have been falsely involved in it...
5) if we think and have few solid points that shows JMFC judge deliberately taking other party's side..can we file complaint against the jmfc judge..? and how?and where?(we have already gone in appeal in session court..appeal has been put up and number has been given for same)
Dr J C Vashista
(Expert) 26 July 2016
1. Too long a story and not a query.
2. What is the opinion and advise of your lawyer?
Devajyoti Barman
(Expert) 26 July 2016
You have done the right thing of preferring of appeal.
Now wait for its disposal .
Complaint against judge will take you nowhere.
R.K Nanda
(Expert) 26 July 2016
Query too long.
P. Venu
(Expert) 26 July 2016
Now that you have successfully overcome the situation and the crisis, your focus should be in successfully pursuing the appeal.
DEFENSE ADVOCATE.-firmaction@g
(Expert) 26 July 2016
1) Do not remain over confident. Once it is proved that you have issued the cheque from your account complainant need not prove any thing else for conviction= this is the law now as per SC.
2) However the accused have only one route that there was no legal liability or there are procedural mistakes. So prepare properly for appeal since if appeal is not allowed you will be sent directly to jail till bail is granter by higher court.
3) Getting bail is a right even after conviction where ever appeal is allowed.
One HC in a recent order has gone to the extent that no conditions should be imposed by JMFC or sessions court for granting bail after conviction since appeal is right.
Rajendra K Goyal
(Expert) 26 July 2016
Full case file and orders of court need to be referred, further discuss in detail with your lawyer.
DEFENSE ADVOCATE.-firmaction@g
(Expert) 26 July 2016
Go are read the application made by your advocate for bail and order issued by JMFC.
The JMFC has limited power to grant bail till filing of appeal against conviction.
So you have to file appeal and only after its admission fresh bail will be granted till final order of appeal.
