Varun Kumar 26 April 2023

138 b case in bombay high court

Hello Experts,

Regarding 138 B (check bounce) case we won lower court case in 2021 then accused had appealed again & again we won the case in February 2023. Now Accused has appealed in Bombay High Court , so what need to be done from our side. I have some below queries :-

1) For 2nd appeal accused deposited 50000 in lower court & now he deposited 110000 in Bombay high court, so can we Claim that amount Rs. 160000 ?

2) How many days can be sustain that case now in Bombay high court ?

3) Has accused chance to win this case ?

4) Our matter has been going on from the last 10 years with suffering financially, mentally & physically in which 2 time we won the case, so in Bombay high court can we demand as compensatory amount triple Example - If cheque amount is 4 lakh then can we demand for 12 lakh?

Regards,

Varun

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3 Replies

P. Venu (Advocate) 26 April 2023

Admittedly, the second appeal is pending. As such, any suggestion could be too speculations unless the Judgments of the Lower Courts as well the Memorandum of Appeal are perused and issues discussed. Moreover, opinion on a sub-judice matter cannot be posted on an open platform.

T. Kalaiselvan, Advocate (Advocate) 26 April 2023

The accused has rights to prefer an appeal against the aggrieved judgment.

If he has complied with the order of the appellate court to deposit an amount to conduct the appeal, then there is no legal infirmity in it.

The complainant can file an application before the said courts to get the deposit amount with an undertaking to return the same if the appeal is allowed.

Dr J C Vashista (Advocate) 27 April 2023

There is no provision for second appeal before High Court against the order passed by Sessions and Trial Court (Magistrate), it may be a criminal revision petition u/s 482 CrPC, recheck with your lawyer.

You may move application before the Court for withdrawal of the compensation amount where amount is deposited.