Section 138 NI Act.

Adv. Deepak (Querist) 23 October 2010 This query is : Resolved
Resp. Members,
Under Section 138 NI Act, can one make specific prayer that the amount of cheque, which has been dishonoured, be paid to the complainant?

Please advise.

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s.subramanian (Expert) 23 October 2010
No such prayer can be made directly sine it is a prosecution. The magistrate does not have jurisdiction to grant such a relief. But you can indirectly seek compensation under Sec.357 of Cr.P.C. That can be granted by the magistrate without any hassles.

Devajyoti Barman (Expert) 23 October 2010
Though the Magistrate can pass the order of making the cheque amount or more than that to be paid by the accused person, the complainant can not make such prayer in the complaint.

Kirti Kar Tripathi (Expert) 23 October 2010
agree with experts. only complaint for prosecution is sufficient. the remedy of amount and compensation already available in the act.

SANJAY GUPTA (Expert) 23 October 2010
Its discreetion of the court to pass such judgement but you can not make prayer.

Tarun Thakur (Expert) 29 October 2010
A very simple question...

the complainant can make a specific prayer that the accused be punished with double the amount of the cheque..

the magistrate has the power to impose compensation for double the amount of cheque..

there are so many judgments regarding this.

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