S.138 n.i.act enhancement of punishment
manisha ajit joshi
(Querist) 03 June 2012
This query is : Resolved
total case is proved. court found the accused as guilty, but the amount of cheque which is rs.1,30,000/ is not awarded, only rs.25,000/ declared as fine out of which rs. 15,000/ are to be given to the complainant as compensation and he is advised to lodge a civil suit for the amount due.whether there is a chance to succeed in revision for enhancement of punishment before the district court?give me some case laws in favour of complainant.
Devajyoti Barman
(Expert) 03 June 2012
If the accused is proved to be guilty and hence convicted then he is liable to pay the amount drawn on the cheque.
Challenge the order before the higher court.
venkatesh Rao
(Expert) 04 June 2012
Learned Barman is correct. Appeal to the sessions court.
SAINATH DEVALLA
(Expert) 04 June 2012
Judgements differ from judge to judge.Please check whether it is cheque amount plus fine.If it is not,then appeal in the higher court.Mr.Barman is right.
V R SHROFF
(Expert) 25 December 2012
CLARIFY, IT IS CHEQUE AMT+ COMPENSATION
IF NOT , APPEAL
