138 ni act
Chetan Pardakhe
(Querist) 22 February 2012
This query is : Resolved
That in 138 case the cheque amount of Rs. 3,00,000/-. That the trial court passed a judgment in favour of complainant and ordered that the accused shall pay the cheque amount and compensation of Rs. 40,000/-.
But the accused filed an appeal and appellate court direct the accused to deposit the 20% amount and accordingly the accused deposited the amount.
My question is that whether the complainant entitled to withdraw the amount which has deposited by the accused
Pls guide with provisions and judgments if any
DEFENSE ADVOCATE.-firmaction@g
(Expert) 22 February 2012
It will be decided after completion of the revision since matter may go to HC and even SC since cheque amount is more., so either party will contest in higher courts.
Raj Kumar Makkad
(Expert) 22 February 2012
The complainant/respondent in the given revision/appeal should move an application with the appellate court to release the deposited amount in his favour and should wait for its verdict. Legally complainant has got right to withdraw such deposited amount subject to indemnity bond to be filed before the court.
Deepak Nair
(Expert) 22 February 2012
The respondent (original complainant) can withdraw the amount with the permission of the court as per court's directions.
Rajeev Kumar
(Expert) 22 February 2012
Yes the respondent can withdraw the amout with the permission of court.
