138 ni act

Chetan Pardakhe (Querist) 21 August 2011 This query is : Resolved
That in 138 NI Act case the JMFC Court passed an order against the accused as below :

1) The accused is convicted u/s 255 (ii) CrPC. He is sentenced to suffer Simple Imprisonemtn for 1 yrs.

2) The accused is hereby order to pay compensation amount of Rs. 3,20,000/- to the complainant. In default of payment of compensation amount accused shall suffer Simple Imprisonment of 6 months. The amount of compensation be paid within 2 months from the date of order.

That on the day of judgment the accused is released on bail and he did not either deposit or paid any amount to the complainant and recently he had filed the revision before Session Judge

Pls guide,, what to do and also suggests the relevant section I am for complainant

Regards

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ajay sethi (Expert) 21 August 2011
accused will file an appeal before the session court for stay of order of compensation and order of imprisonment .
the court may pass an conditional orderafter considering facts of the case .
in bombay generally 50% of amount is directed to be deposited in court .

DEFENSE ADVOCATE.-firmaction@g (Expert) 21 August 2011
Fine has to be paid , compensation can be stayed if proper pleadings are in revision. However to cut the long story short it will be a long , long and long journey for you= the complainant to recover the money.

Advocate Bhartesh goyal (Expert) 21 August 2011
Mr Ajay sethi is right.Be ready to oppose the appeal.

sumant singh (Expert) 21 August 2011
court may ask to deposite half of the fine amount before admiting the appeal, depending upon the facts of the case. Be ready to oppose the appeal.
You can also file civil suit for the recovery of your money.