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Radha (Advocate)     28 December 2013

138 cheque bouncing

Hi All,

I have secured an order under section 138 Negotiable Instrument Act in my favour wherein I am the Complainant. The Order of the Magistrate reads as under: " . (1) Accused nos 1 to 3 are ordered to pay an amount of Rs. 11,00,000/- to complainant by way of compensation under section 357 (3) of CrPC after appeal period is over, in default accused shall suffer further imprisonment of 4 months each".

My query is whether all the accused are liable to pay an amount of Rs. 11,00,000 individually or the accused are to pay the compensation of Rs. 11,00,000 collectively?

Thanking you in Anticipation

Regards,

Radha Shah



Learning

 6 Replies

naginderthakur (lawyer)     28 December 2013

law says court can award double

T. Kalaiselvan, Advocate (Advocate)     28 December 2013

It is collective amount to be paid all the accused together and not that each individual will pay Rs. 11,00,000/- separately. Even if anyone pays that amount, all the three can be released.,

Advocate Bhartesh goyal (advocate)     29 December 2013

Agreed with Mr  T.Kalaiselvan.

Radha (Advocate)     29 December 2013

Thank you, Mr  T.Kalaiselvan. But the law also says that all the partners of the firm are equally liable for the offence of  cheque bouncing of the firm in which case all the partners should be punished. So thn why are not all the partners liable to pay Rs. 11 lacks individually?

Radha (Advocate)     29 December 2013

Thank you, Mr  T.Kalaiselvan. But the law also says that all the partners of the firm are equally liable for the offence of  cheque bouncing of the firm in which case all the partners should be punished. So thn why are not all the partners liable to pay Rs. 11 lacks individually?

LAXMINARAYAN - Sr Advocate. ( solve problems in criminal cases. lawproblems@gmail.com)     29 December 2013

Total eleven lacks to be paid JOINTLY OR SEVERALLY. That is any one of them or all jointly.

 

 

But why in hurry wait till appeal period is over., when such big sum is involved appeal should be presumed.

 

On filling appeal the sentence and payment of compensation  will be stayed since appeal is right under the  criminal law


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