138 ni act compensation not paid
Chetan Pardakhe
(Querist) 09 October 2011
This query is : Resolved
That in 138 NI Act case the JMFC Court passed an order against the accused as below :
1) The accused is convicted u/s 255 (ii) CrPC. He is sentenced to suffer Simple Imprisonemtn for 1 yrs.
2) The accused is hereby order to pay compensation amount of Rs. 3,20,000/- to the complainant. In default of payment of compensation amount accused shall suffer Simple Imprisonment of 6 months. The amount of compensation be paid within 2 months from the date of order.
That on the day of judgment the accused is on bail and he did not either deposit or paid any amount to the complainant
The period of 3 months is over what I can do
Pls guide,, and also suggests the relevant section I am for complainant
Regards
Raj Kumar Makkad
(Expert) 09 October 2011
You file execution petition. I think the accused might have filed an appeal against the impugned order and would have sought stay order against the execution of awarded punishment. if not then court awarding sentence has itself to get execution. You remind through your petition.
Arun Kumar Bhagat
(Expert) 09 October 2011
Execution will not lie as there is default sentence. You file an application for issuance of conviction warrant against the accused/convict.
DEFENSE ADVOCATE.-firmaction@g
(Expert) 09 October 2011
Ge must have filed revision and stay from higher court. It will be granted as a matter of routine.
prabhakar singh
(Expert) 09 October 2011
he must have proceeded ahead against conviction and sentence passed might have been stayed which you should verify .
Sailesh Kumar Shah
(Expert) 09 October 2011
as advised by experts, you need to do:-
1.Stay order is granted or not;
2.Make an application for issuance of conviction warrant.
