S.138 judgement against accused, but not paid yet

the day on which two months goes up and over....... file the put up petition in connection with the case and pray for attachment of property of the accused person by issuing distress warrant

May be he has gone in appeal and you have not recieved the notice.

judgement is that if he will noit pay the amount in two months, he has to face prison for 3 months.he has not paid yet. 10 days to go. so what is the process.

Seema Sharma, judgement order is very clear, S.138 cases are not for recovery, and no attachment possible. The money part is the penalty while imprisonment direct punishment. If money is not paid, it can only be jail, in your case if no money is paid (and no relief from appellate court) then 3 months jail. 

A massage for the complainants of the cheque cases.

If the accused is ready to go to jail he will be abloved except civil liability which will take again years.

to R. Trivedi....... to pay fine with cost is in itself is a punishment, yet we need to know whether it is fine or compensation to complainant, and not abiding by the punishment order is disobidience of court........ i'll suggest Seema to go to the trial court once after having a look at contempt of courts act....... if financially sound.......

be punished with imprisonment for [a term which may extend to two year], or with fine which may extend to twice the amount of the cheque, or with both........ this is the act.

In general from accused there is no recovery, moreover the act is punitive in nature and not per say recovery case for complainant. Although court orders compensation, but actually it is fine. And court generally orders additional jail term of so and so duration if fine is not paid. 

In true sense the court can order entire fine amount to be deposited with the court, which will be legal but not done keeping in view the private nature of complaint and a general observation that complaint is filed more to get the money, rather than seeing the accused behind the bar.