Final judgement in a case u/s 138 ni act
Mahesh Chand Gupta
(Querist) 12 July 2016
This query is : Resolved
A case under section 138 NI Act was filed in 2004 for a dishonour of cheque for the Amount of Rs. 3,21,500/-. Today, the judge gave his final judgement in the case ordering the accused to either give Rs. 3,21,500/- to the petitioner or face 1 year simple imprisonment. Judge didn’t consider any interest for the amount in question. Is it right?
Devajyoti Barman
(Expert) 13 July 2016
File revision in high court. You will get penalty and interest as well.
Guest
(Expert) 13 July 2016
Your description is short of full facts.
The question arises, through your original petition, did you ask for interest on the amount in question? If so, what is the reason quoted by the judge for not accepting your demand?
Mahesh Chand Gupta
(Querist) 13 July 2016
Dhingra sir,
I have asked for interest on the amount in question.
But the judge did not quote any reason for not accepting my demand.
Advocate Bhartesh goyal
(Expert) 13 July 2016
You can file revision for enhancement of imprisonment and fine/compensation.for recovery of cheque amount and interest file civil suit.
Guest
(Expert) 13 July 2016
Dear Mahesh chand,
There is vast difference between asking verbally and seeking relief through petition. However, if the question of interest had already been taken up through your ptition, the experts have rightly advised you. You may follow their advice about Revision petition.
Rajendra K Goyal
(Expert) 15 July 2016
If not satisfied, go for filing revision.
Dr J C Vashista
(Expert) 16 July 2016
I do not believe the Magistrate may pass such an order, as stated by you, which do not include "some" amount (up to double the cheque amount) as fine including the amount to be paid to complainant as compensation.
Besides this, the order can not be as either to pay the cheque amount to complainant or serve 1 year simple imprisonment.
However, discuss with some local prudent lawyer and instead of waiting and wasting your time, which is precious and limited, file revision.
Mahesh Chand Gupta
(Querist) 04 August 2016
Dear sirs
there is another query I need to know about which is related to this topic. Under which section a revision petition can be filed and what is the time limit by which we may file revision petition from the date of judgement?
H. S. Thukral
(Expert) 04 August 2016
In a criminal case, the accused can be fined as well sentenced to imprisonment. Section 138 of NIA provides that an accused on conviction shall be punished with imprisonment for a term which may be extended to two years, or with fine which may extend to twice the amount of the cheque, or with both. there is no mandate of law that an convicted accused has to pay interest or double the amount in every case. In cases where the accused does not pay the fine, sentence of imprisonment or enhancement of sentenced already given is passed in lieu of fine. The order of magistrate is unlikely to interfered by a superior court.
