Legal Question in Criminal Law in Pakistan
party is trying to settle/payback amount under 489f with mudai/me while i am asking to pay amount along with my cost of cases borne on 489f,420,468,471 but he is not agreed for extra payment what should i do suggest me please or court can issue order to pay original amount with profit as per bank deposit rate.
2 Answers from Attorneys
You should accept the amount if it is being paid in criminal proceedings. Please note in criminal proceedings the accused is punished with imprisonment for issuing the cheque dishonestly. The criminal trial court does not (and may not) order the accused to return the original amount or the costs of the litigation.
For recovery of amount you need to file a civil case, which may not be beneficial in present situation. Also in civil cases, the courts usually do not order costs of the case.
You may call to discuss 0333-4057077.
You can execute a Iqrar nama with the other party/accused and include a term of additional amount in lieu of court expenses, and that only then you'll give your statement in the court for the bail/release of the accused.
Otherwise court can't order the accused side to pay the principal amount nor the profits etc. But court can release him on the basis of your statement and Iqrar nama on whatever terms you execute.
For details contact me on 0323-5423673
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