Masterclass

s.138 judgement against accused, but not paid yet

manager

sir in a matter of s. 138 ,NI Act, judge had gave judgement against accused to pay amount within two months with cost.now 2 months are going to complete but neither he paid nor filed any appeal.what is the next procedure from compalinant part.

pls guide

 
Reply   
 

the day on which two months goes up and over....... file the put up petition in connection with the case and pray for attachment of property of the accused person by issuing distress warrant

 
Reply   
 


simple solutions for criminal legal problems -- yourpunch@gmail.com

May be he has gone in appeal and you have not recieved the notice.

 
Reply   
 
manager

judgement is that if he will noit pay the amount in two months, he has to face prison for 3 months.he has not paid yet. 10 days to go. so what is the process.

 
Reply   
 
advocate.dma@gmail.com

Seema Sharma, judgement order is very clear, S.138 cases are not for recovery, and no attachment possible. The money part is the penalty while imprisonment direct punishment. If money is not paid, it can only be jail, in your case if no money is paid (and no relief from appellate court) then 3 months jail. 

 
Reply   
 
simple solutions for criminal legal problems -- yourpunch@gmail.com

A massage for the complainants of the cheque cases.

If the accused is ready to go to jail he will be abloved except civil liability which will take again years.

 
Reply   
 

to R. Trivedi....... to pay fine with cost is in itself is a punishment, yet we need to know whether it is fine or compensation to complainant, and not abiding by the punishment order is disobidience of court........ i'll suggest Seema to go to the trial court once after having a look at contempt of courts act....... if financially sound.......

 
Reply   
 
advocate.dma@gmail.com

be punished with imprisonment for [a term which may extend to two year], or with fine which may extend to twice the amount of the cheque, or with both........ this is the act.

 

In general from accused there is no recovery, moreover the act is punitive in nature and not per say recovery case for complainant. Although court orders compensation, but actually it is fine. And court generally orders additional jail term of so and so duration if fine is not paid. 

 

In true sense the court can order entire fine amount to be deposited with the court, which will be legal but not done keeping in view the private nature of complaint and a general observation that complaint is filed more to get the money, rather than seeing the accused behind the bar. 

 
Reply   
 

LEAVE A REPLY


    

Your are not logged in . Please login to post replies

Click here to Login / Register  



 

  Search Forum








×

  LAWyersclubindia Menu

Join the MasterClass     |    x