Clarification on judgment>>>
praveen
(Querist) 10 April 2012
This query is : Resolved
Dear All,
Please provide me the information on judgment which under section 138 of N.I.ACT is accused is guilty for the offence punishable under section 138 act and accordingly he is convicted under section255(2) CrP.C and sentenced to compensation of sum amountto complainent, in default of payment the district collector is directed to recover the said amount from out of his assets of accused under R.R.Act .
my question is District collectort how long applicable to 138ACT how long effect to effect to 138N.I Act ?????
Raj Kumar Makkad
(Expert) 10 April 2012
The judgment should not have written the words of district collector. Though the recovery is made by collector as land revenue if not paid on the instruction of the relevant court but this is not required to be mentioned in the judgment.
PARTHA P BORBORA
(Expert) 11 April 2012
I think the quarist has some misconception about section 255 (2) Cr. p. C. . SEC 255 (2) c r. P. C is the provision under which a magistrate pronounce conviction in a criminal case trial. 138N I Act is a criminal case And if any body found guilty under 138 N I Act and convicted accordingly, it invokes SEc 255(2) Cr. P. C.
for the rest of ur quaery- follow the advice of Ld. Export Mr. MAKKAR.
Shonee Kapoor
(Expert) 11 April 2012
I agree with Ld. Makkad.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
C. P. CHUGH
(Expert) 12 April 2012
Usually in a criminal trial an accused when found guilty of an offence is sentenced to imprisonment as prescribed under CrPC for various offences. NI act provides for sentence of imprisonment and fine/compensation or both. When a sentence is awarded for fine/compensation by a magistrate it is usually provided in the same order that in case of failure to pay the compensation, the accused shall undergo imprisonment in lieu thereof. It is rare that a magistrate shall act as a collector/asstt collector and give direction to collector to recover compensation. If the order of compensation is silent about what would happen in case of failure to pay compensation, it is no better than a court decree and compensation is then recoverable through an execution petition filed with the civil/disctrict judge. Xperts may share their views.
venkatesh Rao
(Expert) 13 April 2012
The fine levied shall have to be recovered by issue of distress warrant and it is the collector of a revenue district to execute it.
