138 nia act 1881
prakash vka
(Querist) 01 December 2013
This query is : Resolved
Sir
I had filed a complainant under under 138 of NIA ACT 1881. on 22/9/2011At the time of chief examination the advocate for the Accused deposited the cheque and also pleaded guilt on 30/11/2013. This happen after about the case being posted for more than 30 times The accused was left free without awarding any punishment . Can any advocate tell is this right .what can I do against this this has happen at Majistrate court ottapalam in kerala state
V R SHROFF
(Expert) 01 December 2013
Ur advocate must insist on punishment, and refuse to take payment at this point of time.
Rajendra K Goyal
(Expert) 01 December 2013
agree with the advise of expert VR SHROFF ji.
Raj Kumar Makkad
(Expert) 02 December 2013
The offence stands committed by the accused person so despite of deposit of the amount of the cheque, the court shall have to decide the case on merits.
prakash vka
(Querist) 02 December 2013
THe case was not decide on the merits In this case the accused got a time period of three years to pay the said .amount if such orders are passed by the court. the value of cheq is lost
ajay sethi
(Expert) 02 December 2013
at least you have received principal amount of cheque . what would you have gained if accused was sentenced to 6 months imprisonment and did not pay cheque amount .
