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Rupali Shah   17 October 2019

Effect of non payment of 20% of cheque amount by accused

Respected Advocate,

If accused fails to deposit 20% of cheque amount  as per order of court, what will be the consequences?

Would accused's right to to cross examination be refused?

Would accused be refused the right to appeal in case of conviction?

What will be other consequences?

Thanks 



Learning

 5 Replies

Anil Upadhyay (Lawyer)     17 October 2019

He will be punished or may be penalised by court, it's court discretion as accused has refused to act according court order

Rupali Shah   18 October 2019

Thank you very much for your kind response.

But is there any provision or judgment of court whereby the accused is refused his right to cross the complainant?

Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer)     22 October 2019

It would be better if you narrate the actual case including why the 20% payment is not made. Is it negligence, defiance or there is some genuine reason to dispute the order?

Rupali Shah   13 November 2019

No genuine  and satisfactory reason given by accused. He is just saying he has some financial problems and will pay. 

But actually he is not paying.

In that case would accused's right to to cross examination be refused? is there any supporting judgment?

Regards.
 

Vinod shah (legal assistance for victims of system. findjobs02@gmail.com)     16 November 2019

reply for this and for similar cases.

There are many ways to avoid payment of inital 20 percent deposit.

1) Most imp is the accused can ask for immediate trial. 2) the law is not properly worded. It says if accused pleads NOT GUILTY.

IF THE ACCUSED EVEN AFTER APPEARNACE CAN SAY I HAVE APPEARED SINCE POLICE WAS HARRASSING ME BUT I AM NOT ACCUSED= IDENTITY IS MISTAKEN.

NOW RIGHTLY OR WRONLY- THIS ISSUE HAS TO BE DECIDED FIRST.

My advocates freinds have uploaded many vedios in this matter on UTUBE.


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