Negotiable instrument act

Querist : Anonymous (Querist) 07 August 2011 This query is : Resolved
A LOWER COURT HAS GIVEN THE JUDGEMENT UNDER NEGOTIABLE INSTRUMENT ACT IN FAVOUR OF THE COMPLAINANT FOR Rs. 15 LAKHS AND 6 MTHS IMPRISONEMENT TO OPPONENT UNDER CRIMINAL JUDGEMENT. THE OPPONENT PARTY GOES IN TO APPEAL AGAINST THE JUDGEMENT AND REQUESTING FOR NON DEPOSIT OF COMPENSATION DUE TO FINANCIAL POSITION.

QUERY IS WHETHER OPPOSITE PARTY NEEDS TO DEPOSIT THE AWARD WITH COURT OR IF THEY DO NOT , CAN COMPLAINANT INSIST THE COURT TO ASK OPPOSITE PARTY TO DEPOSIT THE AWARD.
PLEASE PROVIDE THE JUDGEMENT OR SECTION DETAILS.
THANKS IN ADVANCE

Follow Query

Report Abuse

M/s. Y-not legal services (Expert) 07 August 2011
Can you attach that judgment copy? Because usually the lower court can't direct to deposit the money against his appeal. More over in this case court can give imprisonment or some rare occasions compensation will be award. In criminal cases appeal is his rights.

M/s. Y-not legal services (Expert) 07 August 2011
But if any appeal before consumer forum mean the opposit party is appellant mean he have to deposit the half of the amount before the forum. Otherwise appeal not allowed.

ajay sethi (Expert) 07 August 2011
when you have filed an appeal against the order of magistrate the sessions court may direct you to deposit 50%of amount pending hearing and final disposal of the appeal .

M/s. Y-not legal services (Expert) 07 August 2011
No.. Never.. The suspension of sentence petition before the magistrate court enough to set the accused free from punishment till pending dispropal of the appeal. On that ground if the sessions court rejected his appeal mean then high court's extrordinary jurisdiction will not be sleeping..

DEFENSE ADVOCATE.-firmaction@g (Expert) 07 August 2011
ONLY if fined it has to be paid, sentence is suspended first by lower court till appeal if filed and than by appellate court.

No deposit of money by the accused in NI 138 cases.

prabhakar singh (Expert) 07 August 2011
You have not clearly posted the fact that judgement and decree is civil one or has been given in criminal proceedings before magistrate.IF it was a criminal proceeding ypu already have got sufficient opinions for your guidance.
IN CASE IT WAS A CIVIL CASE then if you seek stay of execution of decree in appeal,the court of appeal will ask you to deposit decreed amount in court.
BECAUSE
Civil Procedure Code, 1908, Section 47, Order 41 - Rule 1, 5 - Execution - Decree is executable from the date on which it is passed, unless its operation is deferred by the decree itself or by the order of the appellate Court.

Querist : Anonymous (Querist) 07 August 2011
MODIFIED THE CASE . PLEASE HELP

Previous

Next

You need to be the querist or approved LAWyersclub expert to take part in this query .

Click here to login now

Similar Resolved Queries :

Ask Query
Unanswered Queries