Section - 138 of the Negotiable Instruments Act 1881
Syed Jawad Quader
(Querist) 01 February 2011
This query is : Resolved
In a CR case commenced under Section 138 of the Negotiable Instruments Act 1881, is it possible for the Prosecution to recover the amount of the cheque before the commencement of trial in light of the the provisions of the CrPC and the 1881 Act?
Can the amount of the cheque be required to be paid up if the Accused seeks bail? If so, which provision allows this?
Amit Minocha
(Expert) 01 February 2011
not it is not possible. In alternate a summary suit u o 37 CPC for speedy recovery can be filed along with 138 case
Raj Kumar Makkad
(Expert) 01 February 2011
The provision of CPC has nothing to do in criminal case.
If you want to ask your query keeping in view the interest of accused then it is better to offer amount at the very initial stage claiming that no notice has received to him. If accused presents amount at the time of bail then the criminal proceeding is liable to be dropped.
G. ARAVINTHAN
(Expert) 01 February 2011
no question of recovery through attachment of property in 138 NI Case
adv. rajeev ( rajoo )
(Expert) 01 February 2011
No. Tod recover the amount you will have to file seperate suit for recovery of money.
Advocate. Arunagiri
(Expert) 01 February 2011
You can get twice the cheque amount through the cheque bounce case.
If the accused wants to file an appeal against the conviction, he has to deposit the ordered amount for getting the appeal admitted.
Syed Jawad Quader
(Querist) 02 February 2011
@ Mr. Amin Minocha: Thank you. Very helpful.
@ Mr. Raj Kumar Makkad: I actually frequently represent the prosecution. so i really WANT to recover this money.
@ Mr. Aravinthan: There are provisions which allow the attachment of property if the person evades arrest. Also, the Accused has to pay up to twice the amount of the cheque if convicted. How will he pay the fine if the same is not backed by provisions which allow the attachment of this property?
@ Mr. Arunagiri: Can you please quote the law from where you learnt about the restriction on appeals against convictions in an NI Act case?
Thank you all.
