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Compesation for late payment sec 138 of ni act

(Querist) 22 December 2018 This query is : Resolved 
Hi Everybody
I have filied a suit under SeC 138 for a hand loan given to one of friend of Rs.50000, the opponent is ready to settle the Case, he is ready to just pay only Rs.50000 but I want to Claim Compensation for the Case going on 2 years plus Stamp Duty Paid and Advocates Fees and all charges.
So My Q is
what maximum Compensation(Late Payment Interest Cost) Can I Claim and Court Can allow ?
the apponent is just ready to pay only 50K but I want to Claim more than that so what base I should keep before the court
Please guide
KISHAN DUTT KALASKAR (Expert) 22 December 2018
Dear Sir,
The Court always act as neutral. Better you take your case to the Lok Adalath where you can bargain for more compensation apart from principal amount. Be assured that the accused will be always under the threat of conviction as most of the cheque bounce cases being ended in convictions.

Please mark “LIKE” if satisfied by my answer.
Guest (Expert) 22 December 2018
Only the Court could decide the Cost and Interest basing on your application please. Discuss with your Advocate.
Kumar Doab (Expert) 22 December 2018
The OP has dragged the matter to 2Y and is probably assured that the mater can be dragged further to tire, frustrate the complainant, in ongoing litigation.
Hence the offer to pay, principle amount only and NO compensation and costs.
Your own very able LOCAL counsel is to help you.
If you are not being represented by such counsel then approach one such counsel.
You may either negotiate successfully to get desired amount or let the courts decide the matter.
Dr J C Vashista (Expert) 23 December 2018
Dear Mr. Vijay,
1. There can not be a suit u/s 138 for recovery, recheck. Either you can file complaint u/s 138 of the Negotiable Instruments Act, 1881 or "Suit for recovery", which one is there in your case ?
2. No court fees is required to be paid for a complaint u/s 138 NI Act, how much did you pay ?
3. If the case/ claim/ suit is being settled in ADR (Alternate Dispute Redressal) calculate every cost/ item including court fees/ lawyers fees/interest etc. and accept with some "reasonable" compensation, your aim is achieved and withdraw the case/suit.
4. What is your locus standie / concern with the query ?
Vijay (Querist) 24 December 2018
Respected Vashista Sir,
I have Filed a Complaint U/s 138 NI Act in Maharashtra State and there is Stamp Duty of Approximate of 2% of Chq Amount in Our State. My Q is
I want to Claim More Amount than Chq Amount because Accused has Delayed for payment of Two Years So Can I Demand more If Chq Amnt is Suppose Rs.50000/- Can I Can Claim Compensation(Late Payment Interest Cost) Say Suppose Extra 20000 to 30000.
My Advocate is Saying You Cannot Claim Extra Other Than Legal Fees and Stamp Duty Paid.
So Please Guide what will be the best
J K Agrawal (Expert) 24 December 2018
It is totally up to you and your friend that at which amount you both agree.
IN 138 Matter the court can award up to double of the amount. But generally Court provide 125% to 150%.


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