R N Patel 17 September 2019

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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6 Replies

P. Venu (Advocate) 18 September 2019

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

1 Like

Vinod shah (legal assistance for victims of system. findjobs02@gmail.com) 10 October 2019

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

1 Like

R N Patel 18 October 2019

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

R N Patel 18 October 2019

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

P. Venu (Advocate) 18 October 2019

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.

Hemant Agarwal (ha21@rediffmail.com Mumbai : 9820174108) 07 November 2019

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
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