Ramesh Kisani 11 February 2022

Judgment & order u/sec. 138 of n. i. act

on 22 Feb 22, on the Criminal Complaint filed by me, I am expecting the Judgment & Order to be pronounced by the Magistrate whereby the Accused is likely to be directed to make payment to me double the amount of Cheque issued to me by him, as well as jail term. I am NOT a Lawyer but since I have experience in lega issues, I had filed the Criminal Complaint myself, conducted entire trial myself and also argued my case on my own, without engaging any Lawyer. Now I want to know as to what happens when the Accused is directed by the trial court to pay the amount to me, but he does not pay? What precautions I must take in advance and on the day of judgment and order, to safeguard the recovery of amounts due to me as to be ordered by the trial courtt? Thanks in advance for kind guidance.

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4 Replies

Dr J C Vashista (Advocate) 12 February 2022

You will have to file execution petition, if the accused do not pay the fine imposed.

Anaita Vas 12 February 2022

Respected Ramesh Kisani,

If someone does not pay the judgment debt or return the goods as ordered, you may initiate enforcement action against them to make them pay or return the things. They can, however, seek a stay of execution if they need additional time to pay the debt or return the goods.

Regards,

Anaita Vas

Ramesh Kisani 12 February 2022

Thank you Miss Anaita Vas...

Adv. Mohit Chahal (Advocate) 13 February 2022

Dear Querist

In judgment of conviction u/s 138 NI Act , the accused shall be convicted by the Magistrate.

In Order for quantum of punishment, the Magiatrate will mention the sentence of punishment i.e. upto 2 years, and also order for compensation as fine to the extent of double the cheque amount.

Generally , the convict person file an appeal in Sessions Court where the complainant will be served notice to appear and argue his case. Appellate Court will order 20% of compensation amount to be deposited in the Court by the appellant.

In case the convict does not file an Appeal, then the complainant i.e. you being DH has right to file execution application against JD.

Regards
Mohit Chahal
Advocate
District & Sessions Court, Hisar
Phone No. 9968911099

https://mohitchahaladvocate.business.site

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