To recover compensation amount from accused/convict
rajan chopra
(Querist) 17 December 2016
This query is : Resolved
Sir in a cheque bounce case filed by me the LD. Court sentenced the accused/convict with imprisonment of 6 months and a compensation of Rs 60,000/- was awarded to me from and against the convict and the convict did not pay the compensation amount to me yet though he has served the sentence.Now can I recover the compensation amount from him by filing execution petition u/o 21 rule 11(2) C.P.C or what should I do ?
adv.bharat @ PUNE
(Expert) 18 December 2016
Yes to recover it u need to file suit for execution of petition.
Sudhir Kumar, Advocate
(Expert) 18 December 2016
Yes.
Very happy when getting a chance to agree with Mr Bharat.
P. Venu
(Expert) 18 December 2016
What, exactly, is the sentence of punishment imposed by the trial court.
Rajendra K Goyal
(Expert) 18 December 2016
Please provide the information sought by the expert P. Venu,
rajan chopra
(Querist) 18 December 2016
SIR THE SENTENCE OF PUNISHMENT IMPOSED BY THE TRIAL COURT IS "The convict is hereby sentenced to simple imprisonment for a period of six months for the offence punishable under section 138 NI Act and also in view of the entirely of facts and circumstances of the case I.e alleged date of payment ,loss involved and time,since the complaint is pending ,the complainant is hereby awarded a�lumpsum compensation to the tune of Rs. 60,000/- from and against the accused/convict .No any amount as awarded by way of compensation has been paid or deposited by the convict today.A copy of judgement and instant order be supplied forthwith to the convict free of cost.It has been duly explained to the convict that against the same he may prefer an appeal in the court of Ld. Sessions Judge,within the prescribed period.The file after due completion be consigned to the records.
malipeddi jaggarao
(Expert) 18 December 2016
You file EP. But he does not have money, again civil imprisonment in such case you have to bear the expenses incurred on him by the jail authorities.
Rajendra K Goyal
(Expert) 19 December 2016
May proceed as advised by the expert malipeddi jaggarao.
