cheque dishonoured-judgment pronounced-

Querist : Anonymous (Querist) 06 July 2010 This query is : Resolved
Sirs
The suit was in Kerala court u/s 138 of Negotiable Instrument Act. It was a cheque dishonoured case. The Respondent was ordered to pay Rs.1,95,000/- The Judgment copy was received by the advocate on 24.05.2010 and sent to the Respondent in Chennai only on 05.07.2010 (dt.of receipt). The respondent is willing to pay. I would like to know the time limit permissible to pay such amount.
Thanks.

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Kiran Kumar (Expert) 06 July 2010
the facts of your query are ambiguous, no suit lies under S.138 of NI Act, its rather a complaint.

now in case of conviction under S.138 NI Act, either the convict should have been sent to custody or granted bail prior to filing reply.

compensation can be ordered simultaneously as per law.

better find what exactly the case was....a civil suit or a complaint.

B K Raghavendra Rao (Expert) 06 July 2010
Your question is confusing. Whether it is a civil case (money recovery suit arising out of bounced cheque) or a criminal case (complaint under Section 138 of NI Act). The answer would be vastly different in either case.

Daksh (Expert) 07 July 2010
Dear Anonymous,

I fully concur with the view point of Kiran Kumar and would like to add that please ensure from the court order whether the amount is to be given to the other party or is directed to be deposited in court and if the direction is payment to the other side then the period is to be that of within which the appeal is to be filed.

Best Regards

Daksh

Guest (Expert) 07 July 2010
NANDKUMAR B.SAWANT.M.COM.LL.B.(MUMBAI),ADVOCATE.
MOBILE.9271971251,9960223100

e.mail.adv.nbsawant@yahoo.co.in
e.mail.nandkumarbs@sify.com

REGARDING THE MATTER KINDLY NOTE THAT.
1.COURT PASSED JUDGEMENT AND ACCUSED WAS CONVICTED AND ORDERED TO PAY A CERTAIN AMOUNT AS COMPENSATION TOWARDS CASE OF DISHONOUR OF CHEQUE UNDER SEC.138 OF N.I.ACT.TO THE COMPLAINENT.

2.ACCUSED WHO IS CONVICTED SHOULD FILE AND APPEAL TO THE DIST AND SESSIONS COURT HAVING THE AREA JURISDICTION AND PRAY FOR SUSPENSION OF SENTENCE AND STAY OF JUDGEMENT PASSED BY LOWER COURT AND ALSO APPLY FOR BAIL AND SUBMIT SURETY AS PER THE DIRECTIONS OF COURT.
3ONCE THIS PROCEDURE IS OVER COURT WILL DECIDE WHETHER THE JUDGEMENT PASSED WAS CORRECT OR NOT.ACCUSED HAS CHANCE TO DEFEND THE MATTER AND GET REDUCED THE AMOUNT OF COMPENSATION AND PUNISHMENT FROM THE DIST AND SESSIONS COURT.
3.IN CASE THE ACCUSED WANTS TO COMPROMISE THE MATTER WITH THE HELP OF COURT HE CAN SUBMIT AN APPLICATION TO THE DIST AND SESSIONS COURT IN THE ABOVE MENTIONED APPEAL SO THAT CASE CAN BE COMPOUNDED AND PUNISHMENT BE QUASHED BY THE DIST AND SESSIONS COURT.PLEASE NOTE.
4.HENCE IT IS IMPORTANT THAT ACCUSED SHOULD FILE APPEAL IN THE SESSIONS COURT AND GET QUASHED THE PUNISHMENT AND THEN HE CAN COMPOUND THE CASE BY PAYING THE COMPENSATION IN THE COURT.HE WILL HAVE PROOF OF THE PAYMENT AND CASE AND ALL MATTERS
FULL AND FINAL PAYMENT AND SETTLEMENT WILL BE OVER..PLEASE NOTE.
THANKS.
YOU MAY WRITE AND SEND DETAILS IN CASE OF ANY FURTHER HELP IS REQUIRED.
THANKS.

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