Legal Question in Criminal Law in India
withdraw compensation while appeal by complainant to enhance it still pending
An accused u/s138 in NI act a case of four years ago of Rs.5000/- was convicted and was released on probation u/s3 of Probation of Offenders Act 1958and Rs. 7000/- was ordered to be compensated to complainant u/s5 of Probation of Offenders Act 1958. The amount was deposited in the court on next day of order. The complainant went u/s11(2) of Probation of Offenders Act 1958in appeal to Session Court for enhancement of compensation according to Section 80 and Section 117 NI act and for punishing the accused with sentence also. The accused did not go either in appeal or revision in any higher court. So against accused case is final as far as conviction and compensation of Rs. 7000/- . Can the complainant apply for the amount deposited into the court so that further interest is avoided on the deposited amount, while complainant own appeal u/s11(2) Probation of Offenders Act 1958is lying pending . If yes, under which section and act ?
3 Answers from Attorneys
Re: withdraw compensation while appeal by complainant to enhance it still pending
yes,he can do by moving application in trial court.
Re: withdraw compensation while appeal by complainant to enhance it still pending
Since complainant is seeking enhancement in sentence and compensation, he can apply to trial court and get amount already deposited by accused.
Re: withdraw compensation while appeal by complainant to enhance it still pending
your details need to be examined but he can apply in trial court and get the amoung deposited by the said accused
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