Sec 138

1. First  clear whether you had agreement  in the Court 
2. whether you had compromise in the Court through mediation or Lok Adalat , if not try to do it first , then you will get award,  that can be executed  as decree of the Court.
   
3. If there is proceeding remained to have pending before the Court and if there is breach of condition by the other side then, you can re-initiate your proceedings. 

SIR I HAVE THE FEAR THAT I WILL BE CONIVCTED UNDER NI ACT 138 FOR CHEQUE BOUNCING AMOUNT OF RS.27.00 LAKHS WHICH IS OF SEP 2009

MATTER IN METRO POLITANT MAGISTRATE COURT OF MAZGAON HOW MUCH AMOUNT ABOVE CHEQUE AMOUNT WILL BE ORDERD BY JUDGE  AND WHAT WOULD BE PENALTY AMOUNT

WILL NBW  BE ISSUED BY COURT AND IF SO CAN I GET THE BAIL IMMEDIATELY AND HOW MUCH I HAVE TO PAY ON THE SPOT FOR GETTING IMMEDIATE BAIL IN COURT ITSELF AND SECONDLY IF I WISH TOGO FOR AN APPEAL  IN SESSION COURT IN 30 DAYS HOW MUCH AMOUNT I HAVE TO DEPOSIT IN SESSION COURT FOR CHALLENGING THIS CONVICTION ORDER . PLEASE GIVE YOUR VALUABLE ADVISE AND OBLIGE.

The Penalty under section 138 NI Act is double the cheque amount and or punishment for imprisonment 6 month which may extend to 2year , secondly if you should remain present for judgment ,if you have taken the personal exemption court will extend the date for judgment and call you by issuing warrant,thirdly if you are convicted and if you are already on bail then you can apply for bail and suspension of sentence and the shall give you bail for appeal period and good is that you don't have to pay anything it is your right.And lastly if you file appeal and ask for bail and suspension of sentence or and penalty as the case may be,during the appeal period then,court will ask you to deposit part of the penalty amount and as per various judgment of Apex it may extend to 20_50 per cent of the fine amount ,and depend upon your financial documentary position. These are the answers . believe in law.

 

mahesh raghunath bhokarikar advocate  [ Scorecard : 23] PRO CHAT CALL 1 2 3 4 5 Thank Contributor : Send PM	Posted about 12 hours ago
	First  clear whether you had agreement  in the Court  whether you had compromise in the Court through mediation or Lok Adalat , if not try to do it first , then you will get award,  that can be executed  as decree of the Court. If there is proceeding remained to have pending before the Court and if there is breach of condition by the other side then, you can re-initiate your proceedings.
Sir after NBW accussed proposed in the court & we accepted.So we had the final agreement in the court.  Accused ackowledge his liability in the court & agreed to pay on Ist day of every month. Received only 2 instalment. We get the court date for confirmation that we received the money. But he is not paying on Ist of every month. He sends his employee in the court & make me waiting for 3-4 hours that money is coming. After 2-3 court calls his another employee comes & pay the amount.  Which is not acceptable to me. His intention is to harass me.

You can move a written application through your court and should bring this fact to the knowledge of the court. And try to get it done through your advocate.