Legal Question in Criminal Law in India

u/s 138 N I A

Lower court had made the judgement of paying double of cheque amount. But Opp. party went in the upper court to appeal. Now 1 year is over because Opp. party is purposely wasting the time. Now can I demand

1) To give me the cheque amount (i.e. bank deposit of Rs. 6 lakh deposited by the Opp. party. in the court) as I m suffering from heavy loss since case started (i.e. more than 6-7 years)

2) To give me the extra amount (other than that double amount - Rs.6 lakh is cheque amt & Rs.6 lakh is the penulty = Rs.12 lakh)

3) Opp. Party has now given the application to give back his bank deposit receipt; stating the cause that given deposit are matured therefore he will loose the interest of 1 year on that deposit. How can I oppose?


Asked on 7/01/08, 4:27 am

2 Answers from Attorneys
Aniruddha Pawse Aniruddha.P.Pawse Advocates

Re: u/s 138 N I A

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Answered on 7/14/08, 5:27 am
Shrichand Nahar S.V.Nahar, Advocate

Re: u/s 138 N I A

For Query No.1 & 2 you need to apply to the Court and depending upon facts and circumstance of the case, court will pass necessary orders. As regards Query No.3, if return of deposit receipt without obligation to redeposit the same back in court after renewal, you can oppose the same.

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Answered on 7/02/08, 1:12 am


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