Penalty and imprisonment

pushpakrishna (Querist) 03 October 2017 This query is : Open
Dear experts
In a case u/s 138 of NI act.
The magistrate fined rs.20000 and 6 months imprisionment failing which the accused not paid the fine amount he has to under go another six months.
The subject matter is rs.ten lakhs
If the accused paid an amount of rs.20000 and ready to go imprisionment for six months can we assume that the accused need not pay the amount of rs.Ten lakhs.
I am for the complainant only way is to prefer a cri.Appeal or any other way to recover the amount. There is no chance to file a suit for recovery of the amount as the same is time barred for.
Kindly give me a suitable advice on this.
Thanq experts in advance..

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Vijay Raj Mahajan (Expert) 03 October 2017
Again here your foolish lawyer should have advised you to file civil summary suit u/o 37 CPC for recovery of the amount due along with the filling of criminal complaint under section 138 NI Act.
Now being time bared your money cannot be recovered and the person will pay the fine Rs20000/- and serve 6 months imprisonment and be out of all troubles from paying you Rs10 Lakhs.
Just try to work out of court recovery of your dues from him on the condition that you will get the imprisonment sentence condoned in the court for him.

Guest (Expert) 03 October 2017
Mr.Vijay Raj Mahajan Please do not mistake me.Here the Querist is a Learned Counsel/Advocate he is just clarifying his doubts and seeking opinion.Let us not insult them with words which are not required. Please

SHREY DAMBHARE (Expert) 03 October 2017
File Civil Suit as well with application for condoning the delay. Give reason to file Civil Recovery Suit due to matter was pending before Magistrate. It is not the case where complainant where sitting idle. He was busy in litigation where he has reasonable expectation to get his amount back. So many citation you will get for this line of argument.

Rajendra K Goyal (Expert) 03 October 2017
Since the debt is time barred, recovery is doubtful.

Bhaskaran Advocate (Expert) 04 October 2017
In 138 cases the prayer is not for recovery of money but only punishment. Here the judgement is correct and there is no fault of the lawyer.

The accused if he has not appealed or compromised with you he is ready to pay fine and undergo punishment.

pushpakrishna (Querist) 06 October 2017
Dear experts
Can't a lawyer post some doubts or any experts opinions like you to clearify his opinions regarding his legal opinion. I think an experts like you Will have more knowledge than aged and young advocates Mr.narshimha sir.Thanq.

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