Section 138 of n.i. act

Advocate M J (Querist) 09 December 2015 This query is : Resolved
my client was involved U/s 138 of N.I.act for which a joint memo was filed between the complainant & the accused for a sum of Rs.2.5 lakhs. the court excepted the joint memo & passed the order as fallows.......
TO PAY RS.2.5 LAKHS WITHIN A PERIOD OF 5 MONTHS ON INSTALMENTS WITHOUT MENTIONING ANY PARTICULAR INSTALMENT AMOUNT. MY CLIENT IS A CIVIL CONTRACTOR DOING CONSTRUCTION BUSINESS DUE TO HEAVY RAINS IN TAMILNADU THE WORK GOT STOPED DUE TO WHICH HE COULD NOT MAKE ANY PAYMENT IN THE 1ST MONTH BUT WILL MAKE THE PAYMENT IN THE NEXT MONTH IN SUCH CASE CAN THE COMPLAINANT GET NBW ISSUED TO HIM.PLEASE SUGGEST WHAT TO DO.

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T. Kalaiselvan, Advocate (Expert) 19 December 2015
Since the time limit for entire payment if 5 months, the court may not issue NBW for this. Moreover, in a criminal case, a NBW will be issued only if the accused is not appearing before court and neither represented by his counsel, hence dont imagine such things and make it a cause for worry for you as well as to your client.

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