Withdrawing cash deposit with court in cheque bounce case under sec 138 of ni act
n v subba rao
(Querist) 25 September 2014
This query is : Resolved
Hi,
We won both in the trial court and sessions court. They went to appeal/bail to High Court. Sentencing is one year imprisonment and cheque amount as compensation. HC ordered them to deposit 20% of the compensation as cash (which we can withdraw after furnishing necessary security) and immovable property for the rest (80%). And gave them only one month time. They filed a petition for extension of time for two more months.
What is the procedure to withdraw the cash deposit?
The court office advised us to issue notice to the accused (at least advocate on record). But the advocate in the trial court was replaced in the sessions court. Who should we issue notice? Can we issue notice to the current advocate?
If the HC itself ordered to release cash deposit, why should we issue notice to the opponent?
Thanks in advance.
Devajyoti Barman
(Expert) 25 September 2014
You need permission of the court to withdraw the same.
n v subba rao
(Querist) 25 September 2014
Thanks!!!
We will file necessary application in the trial court to withdraw cash deposit... but why do we need to issue notice to the opposite side even after having HC order?
n v subba rao
(Querist) 25 September 2014
Pls note that the advocate on record in trial court is different from the sessions court...
txs
