mohan 10 May 2016

Can i do this in 138 - cheque bouncing case ??

Dear Experts...

JUST ONE QUESTION......

I filed a case in Delhi against a client whose cheques worth Rs. 15 lakh bounced. More than the money, i want him to repay for his wrong doings as he troubled us a lot by putting fake allagtions of crime, false FIR's and even paid media news in various newspapers......etc etc. After a very tough year of troubles and much troubles, we are out of all that.

Other cases under 323/420 etc etc...already pending on other courts.

- Can I, instead of asking for the payment, request the judge to send him to jail ?? I CAN FORGET MY MONEY IF HE GOES TO JAIL !! Is there any such option for me ? What can i do max in this court ? Incase this is not possible, will i have to accpet the cheque amount only or can expect some extra damages too.....which i have spent on my case - lawyer fee's, travel, etc etc ??

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5 Replies

Kappil Cchandna (Expert Bail & Criminal Defence Lawyer at Delhi Supreme Court of India) 10 May 2016

Sir,

You can ask, but if the other party is ready to pay the money the court will not send him to jail ...

Warm Regards

Kapil Chandna Advocate

9899011450

https://kapilchandnaadvocate.wordpress.com/

mohan 10 May 2016

Dear Adv. Kapil,

Thanks for your reply....!!! BUT, can i not punish him for all the harrassment i have faced in last one year..... ??

If he just comes and pays the amount.... then all businessmen should do this !! Make the cheque bounce and then pay the same after a year or two in court. THERE SHOULD BE SOMETHING I CAN DO TO HIM !! Can i ask this court for damages ??????

G.L.N. Prasad (Retired employee.) 11 May 2016

Any litigant can only pray in his suit, but the discretion is always with Judicial Authority, who should weigh all facts and take them into consideration. Because, a litigant/complainant has prayed, Authority can not be guided by the prayers alone. (This retaliation / revenge is a long process and further ruin peace of mind of both the parties.)

Nagaraj SK 11 May 2016

although it is a criminal offence according to sec 138 of NI. if he agree to repay the amount, there is no provision in law to land him in jail. If he refuses to repay the due amount then it is possible for a jail sentance depending upon the weightage of the case.

Adv. Nagaraj SK, TN