I have won the 138 ni act


Hi Experts,

I have won the 138 NI act on 16th Nov 2018, and the accused has gone for CA on 6th December 2018.

Here are my questions 

1. Actally what happes next in the appelate court, VI MSJ court.

2. Within what time accused can appeal and file in the MSJ court. Is 6th December 2018 is legally with stipulated time or not.

Kindly I request you for the response.

THanking you. and thanks a lot for your help and suggestions.

 
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His appeal will be decided as per law. 2) He is within stipulated time limit in appealing.
 
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as he within the limitation act and the same will be decided on merits of law and facts.  you put up your case as on what grounds his appeal cannot be mainatainable. 

 
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Dear Mr.Kiran,

As per the NI Act revision, If the accused will go for CA, he shall foolw the latest amendment which favors for the complainent,

Government Notifies Negotiable Instrument (Amendment) Act, 2018

August 6, 2018

The Central Government has notified amendment to one of the most essential legislation i.e. the Negotiable Instrument (Amendment) Act, 2018.

The Amendment incorporates Section 143A in the Negotiable Instrument Act, 1881  which provides for the Power to provide for interim compensation to the complainant.

The insertion of new provisions in the NI Act aims at addressing the issue of undue delay in finality of cheque dishonor cases. It is believed that the amendment will strengthen the credibility of cheques and help trade and commerce in general.

  • The new Section 143 A empowers the Court trying an offence under Section 138 of the NI Act (cheque dishonor cases) order the drawer of the cheque to pay interim compensation to the complainant. The interim compensation so payable shall be twenty percent of the amount of the impugned cheque. Earlier, there was no such relief available to the complainant under the Act.
  • The Amendment also inserts new Section 148, whereby in an appeal by the drawer against conviction under Section 138 of the NI Act, the Appellate Court may order the appellant to deposit such sum which shall be a minimum of twenty percent of the fine or compensation awarded by the trial Court. However, if the appellant is acquitted, then the Court shall direct the complainant to repay to the appellant the amount so released, with interest.

Please search in web for more information and Good luck for winning and getting the money soon from the accused ( I am also Victim of NI138 since 2011, My order passed in Jan 2018 and CRLA is going on)

Regards,

 

 
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ha21@rediffmail.com Mumbai : 9820174108

Originally posted by : Kiran Kiran
I have won the 138 NI act on 16th Nov 2018, and the accused has gone for CA on 6th December 2018.
Here are my questions 
1. Actally what happes next in the appelate court, VI MSJ court.
2. Within what time accused can appeal and file in the MSJ court. Is 6th December 2018 is legally with stipulated time or not.

 

1.  In appellate court, the judge determines points of law and whether Trial court order is within all the parameters of law and that all evidences (documentary & witnesses) were duly taken on record, before Trial court order. No new evidences would be taken on record.

2. Since the Accused has rightfully filed his appeal within 30 days, you have to ensure that proper arguments are put up against the accused's contentions, alongwith relevant precedents /citations.

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

 
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