Case 138
Sush
(Querist) 15 August 2016
This query is : Resolved
Hello sir/madam, i have won the case for 138 at lower court. Court has ordered to pay double the amt. He has appealed to session court whr he has askd to pay 20% of amt as deposit in 4 weeks. Then he appealed against this order to high court whr he has been asked to pay dis 20% in 6 weeks. This 6 weeks is going to end up by tomorrow. I think he has nt deposited the amt. Do he wil get more time to deposit this amt?? N what action should be taken by me as he has nt deposited this amount.
Pls do d needful.
Thank u.
Sudhir Kumar, Advocate
(Expert) 15 August 2016
Do he wil get more time to deposit this amt??
NOT A LEGAL QUERY. ASK ASTROLOGER.
Sudhir Kumar, Advocate
(Expert) 15 August 2016
what action should be taken by me as he has nt deposited this amount.
IF THERE IS NO STAY ON THE JUDGEMENT THEN FILE EXECUTION PROCEEDINGS.
DEFENSE ADVOCATE.-firmaction@g
(Expert) 15 August 2016
you have posted your query at no of threads.
Appeal is the right of the accused in chheque cases.
Some High court have even given guidance that no conditions should be put for grant of bail and admission of appeal.
Amount seems to be high to the other side has gone to High court and some body can even go to the APEX COURT.
Cheque law is for punishment against issuing a dud cheque and it is not for recovery of money. So if the accused can show any flaw in trial or evidence which are always there the the deposit condition can be waived.
Advocate Bhartesh goyal
(Expert) 15 August 2016
Defense Advocate is absolutely right,Appeal is the right of accused and also conviction u/s 138 of N.I.Act not amounting to moral turpitude so appellate court
R.K Nanda
(Expert) 15 August 2016
Nothing to add.
cherukuri prasad
(Expert) 16 August 2016
He should pay as per High Court ORder otherwise it is contempt of court. Move a contempt application in High Court and also initiate execution proceedings in trial court through the well defined procedure in the criminal procedure code.
Sush
(Querist) 16 August 2016
Mr. Sudhir kumar i dint asked any astrologer question. I meant is der any rule whr he can get extension of time for deposit.
For execution lower court has passed an order of 6 months jail n double d check amt in 6 mths whr 2 months r remaining.
Sush
(Querist) 16 August 2016
Mr. Defence adv. U r ryt. Bt as he has appealed regarding the order passed at lower court. Session court is asking him to deposit first the 20% of compensation amt. Which he has not deposited in d court. so what can b done.
Sush
(Querist) 16 August 2016
Cont... bt the time period of the order is over to deposit the amt.
● isnt der any time period for going to apex court regarding challenging the order.
● n if time period is done den what action shuld b taken by us.
Sush
(Querist) 16 August 2016
Cont... bt the time period of the order is over to deposit the amt.
● isnt der any time period for going to apex court regarding challenging the order.
● n if time period is done den what action shuld b taken by us.
Sush
(Querist) 16 August 2016
Cherukuri prasad... thanq... ok
Devajyoti Barman
(Expert) 17 August 2016
If amount is not deposited then his appeal is going to be infructuous for not compliance of order of appellate court.
Sush
(Querist) 18 August 2016
●To get infructuous... what action should be taken by us??
● if it geta infructuous.. can he go for appeal to apex court?
Sush
(Querist) 20 August 2016
Waiting for suggestion. ..
