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execution jdr


Respected Sir/Madam

     In cheque bounce case U/S 138 of NI Act, after the judgement of megistrate, If EXECUTION CASE is filed, whether in case of non recovery,imprisionment can be sentenced?

If yes how many month JDR is to be imprisoned ? what are the decissions ?

kindly guide me

faithfully  yours

R.N.Patel 

 
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Advocate

In my understanding, there is no procedure of filing an Execution Petition in a criminal proceeding.


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No execution case,if appeal is not filed the accused will be taken in custody and jail as per judgment.


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respected sir

i have filed a case u/s 138 of NIA  for Rs 7 Lakhs in the year 2016  in Mejistrate  court,

i have signed the joint memo, The case has been  transwerd to LOK ADALAT 

I am the DHR, decree is given, But in the humanitarien besis I have not took any  immoviable things from the house of the JDR and  he  requested me that he will clear,but he not kept the word, finally 

the judgement held and 15 days JC has given to the JDR, cooly he went to jain and returned

Again  my learned advocate approched the honarable court, for further custedy, But the Honarable judge says  that, once the JC is given, 2nd time is not appliable, if there is any such orders I will proceed.

Kindly regarding this guide me sir

thank you 

 
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Respected sir

     I have filed a case u/s 138 of NIA  for Rs 7 Lakhs in the year 2016  in Magistrate  court, i have signed the joint memo, The case has been  transferred to LOK ADALAT  I am the DHR, decree is given, But in the humanitarian basis I have not took any  immovable things from the house of the JDR and  he  requested me that he will clear,but he not kept the word, finally  the judgement held and 15 days JC has given to the JDR, cooly he went to jain and returned Again  my learned advocate approached the honorable court, for further custody, But the Honorable judge says  that, once the JC is given, 2nd time is not applicable, if there is any such orders I will proceed. Kindly regarding this guide me sir
 
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Advocate

What do you mean by "But in the humanitarien besis I have not took any  immoviable things from the house of the JDR and  he  requested me that he will clear,but he not kept the word, finally  the judgement held and 15 days JC has given to the JDR, cooly he went to jain and returned"?
The posting lacks clarity.
 

 
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ha21@rediffmail.com Mumbai : 9820174108

1.  IF Accused has served his court declared sentence of 15 days in judicial custody and if accused has served the 15 day sentence, THEN there is no case left pending, and now accused CANNOT be prosecuted again and neither the JC order can be appealed against, in anyway, whatsoever & whichsoever, to the exception f a Civil Summary Suit for Recovery, which had to be filed within 3 years of cause of action /loan taken.

Keep Smiling .... Hemant Agarwal
VISIT: www.chshelpforum.com

 
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