Rani Kumar (Home maker) 22 August 2020

20% immediate compensation not being provided in ni 138

My mother cheated me by not paying me back the 30 Lakhs she borrowed from me. She issued cheques which got bounced. Since the money belongs to my husband I filled a Cheque bounce case. She pleaded not guilty. Upon requesting the judge to grant the immediate 20% compensation by the accused he refused in our favour. Is it possible I can transfer my case to high court now because he denied 20% compensation or need to wait for the whole trial to finish which would take years in trial court!

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Quick Summary

This discussion concerns a cheque bounce case where the accused, the poster's mother, denied the immediate 20% compensation. The poster is asking if they can transfer the case to the High Court due to this denial or if they must wait for the trial court to conclude. The advice given is that a complaint under Section 138 of the Negotiable Instruments Act is triable by a Magistrate's court and cannot be transferred to the High Court. The counsel is advised to push for an early and speedy trial and to disregard the 20% compensation for now, focusing on concluding the main case.

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Advocate Bhartesh goyal (advocate) 22 August 2020

Complaint u/s 138 N.I.Act is triable by Magistrate court so it can not be transferred to High Court.Ask your counsel to try for early and speedy trail.

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