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madhu mittal (director)     07 August 2010

Prosecution cost

In a case u/s 138 NI Act, the accused used to drag the case as he can.

Even when the case ended in conviction, the complainant  is not fully compensated. Complainant goes to court on hearind dated by setting aside his other job and have to spend conveyance and has also pay to lawyer in court. Whether is any ruling about prosecution cost  how to compute and what is reasanable cost to be given to the complainant in case, case ended in conviction.


 4 Replies

Rajeshwer Rao (ADVOCATE PRACTICE)     08 August 2010

Check sec 357 Cr.P.C

madhu mittal (director)     08 August 2010

Respected Sir, Thaks for your reply so soon. I have studied s 357 Crpc. There is no limit u/s 357(3),  and u/s 357 (1), it is provided the amount that can be got by victim, should be paid. But my question is whether all these three remunaration of complainant as well as his lawyer and conveyance of complainant can be recovered in civi or criminal proceeding, without which there will not be complete justice to victim.

Rajeshwer Rao (ADVOCATE PRACTICE)     08 August 2010

yes, all the three instances of costs can be recovered in the very case, else in seperate proceedings for wrongful prosecution or for defamation or for the mental and physical strain. 

Rajeshwer Rao (ADVOCATE PRACTICE)     08 August 2010

especially in 138 NI act cases as in this context, the punishment is double the amount of the cheque. so in addition to the amount of the cheque, the complainant can ask for the costs of the prosecution like advocate fees, process, etc. from the amount.

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