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Arun Kasturi (AS)     29 July 2018

New Amendments in Section 138 of the NI act

According to the new amendments the court may direct the accused to pay 20% of the fine. But there's no indication of what the court would do if the accused refuses to pay the 20% in 90 days. So my doubt is in case if the accused failed to give 20% of the amount. what would the court do ?

Will they attach his movable or immovable property? if yes how the complainant will be compensated from this attachment ?

If he's a salaried person will they attach his salary ?

And what if the accused can't pay the money ? And he doesn't have any property or salary ? Will the send him to jail ? If yes then will he come out in bail ?

I mean as a layman this didn't solve anything. there's no specifications as to failure in depositing would do to the accused .

Can the respected lawyer's please solve my doubts.


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