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RAMESH KISANI (Managing Director)     14 January 2022

Judgment on section 138 negotiable instruments act

I hv filed Complaint u/sec. 138 NI Act against. I am not a lawyer but I know legal process by vide experience. I have initiated and completed the entire trial process including cross exam of Accused and also final Arguments. I am expecting Judgment and Order to be issued by Magistrate in m y favour and the Accused in likely to be asked to make payments and compensation to me against the Cheques issued by him were bounced.

I want to know about what action will be taken by the Court against the Accused once the Judgment is pronounced in court and Order of conviction of Accused + Order for payment of compensation is issued. I also want to know as to what other legal precautions I shall take against the Accused to ensure that I get the compensation amount from the Accused. Do I have to submit any Application in the Trial Court to take the Accused into Judicial Custody till such time I get the compensation amount from him? Please guide me step-by-step. Thanks for help.

 



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 2 Replies

Aryan Raj   14 January 2022

In response to your query,

A person convicted for an offense under Section 138 of the Negotiable Instrument Act, 1881 shall be punished with imprisonment for a term which may extend to 2 years and with a fine which may extend to twice the amount of the cheque, or with both. Yes you can make special requests to the court as to how you would like your compensation to be provided and how to prevent any further troubles for you before your money is recovered.

Regards,

Aryan Raj

Shailesh Parikh   31 July 2023

I went to court case 138 for 4 lacs check, 3 lacs one bank & second central bank. first judgement came in my favour but opposite party appealed in civil court. my case is not running because some Times cases transfer to small courts then civil & now small courts. now what should I do for fast cases running

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