• How to recover amnt from victim in 138 case

In march 2015 I filed 138 case when victim refused to give my mony rs 200000. I win a case in lower court, acused directed to pay 2.5 lac and simple imprisonment of 2 month , time limit given 2 months. I,e. Result Declared on 23 nov , on 05 jan 2019 accused done appeal. Dose he paid 50% amount in court before appeal? whether can I get it, ? whether can I suit a additional civil or money claim? how can I get my money as early as possible?
Asked 7 years ago in Criminal Law
Religion: Hindu

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18 Answers

Dear Sir,

It is very difficult and in many cases the appellate court not releasing such amounts.  You have to wait till appeal is disposed.  

Netravathi Kalaskar
Advocate, Bengaluru
4951 Answers
27 Consultations

The court will direct the appellant to deposit a reasonable amount before the appeal is heard. It may be 50 if the court thinks it reasonable.you dont have to file a suit for claiming the money.

Regards 

Rahul Mishra
Advocate, Lucknow
14114 Answers
65 Consultations

1) Against an order of conviction for the offence punishable under section 138 of the said Act, an appeal is maintainable before a Sessions Court in view of sub section 3 of section 374 of the said Code.

2) you have to wait until final judgement orders. 

Mohammed Mujeeb
Advocate, Hyderabad
19328 Answers
32 Consultations

Hello,

No, you can not file any other suit for recovery of the said money.

In the court where the money has been deposited you may file an application for release of the money. 

Regards 

Anilesh Tewari
Advocate, New Delhi
18103 Answers
377 Consultations

See if he filed appeal  he has to deposit the amount as directed by the court you can file an application for release of such amount though sometimes the amount is not released pending the appeal in the court.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

Court would direct accused to deposit some amount for hearing appeal in court 

 

you are at liberty to file summary suit to recover your money with interest 

Ajay Sethi
Advocate, Mumbai
99836 Answers
8148 Consultations

See if the amount is transferred through net banking then in that case recovery suit is only.option there is no other way to recover it faster.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

Dear Sir,

The system  is like that, you cannot do anything except filing PIL to change system particularly the Session's Court be directed to release the amounts deposited with them to the complainant by taking indemnity bond and/or guarantee.

Netravathi Kalaskar
Advocate, Bengaluru
4951 Answers
27 Consultations

Court procedure will take its own time.

If 50% deposit has been made then you may file an application for release of the said amount. 

Regards 

Anilesh Tewari
Advocate, New Delhi
18103 Answers
377 Consultations

Sir,  there is no alternative. You can settle dispute outside the court or wait for final judgement. .

Mohammed Mujeeb
Advocate, Hyderabad
19328 Answers
32 Consultations

1) One has to request judge  that 50% amount has been deposited in the court and that same you want to withdraw it for your personal expenses. And kindly order the other party yo deposit remaining 50% amount at the earliest.

Ganesh Kadam
Advocate, Pune
13008 Answers
267 Consultations

yes you can apply in the said court to getting that money.

Prashant Nayak
Advocate, Mumbai
34553 Answers
249 Consultations

Accused during appeal must have deposited some amount as per the direction of appellate court. Now as per recent amendment you can make application for withdrawal of that amount.

Court has power to give you amount which is deposited in appellate court.

 

Pramod Shankarappa Dhule
Advocate, Pune
29 Answers

the procedure has to be followed and therefore it takes time. the judges also have to follow the procedure. therefore the process takes time.

regards

Rahul Mishra
Advocate, Lucknow
14114 Answers
65 Consultations

Dear Querist

fight the appeal before session court and file the judgments of Supreme Court and High Courts regarding the admission of appeal after deposition of minimum 50% amount.

 

recovery suit can not be filed now as that suit is barred by the Law because the limitation for filing the recovery suit before the civil court is three years which has been lapse.

 

Feel Free to Call

Nadeem Qureshi
Advocate, New Delhi
6348 Answers
302 Consultations

If he has preferred an appeal then he may be ordered to deposit 50% of the fine amount with the court concerned however it will not be given to you immediately, the appeal has to be disposed after which it can be know whether he  is still liable to pay you or not.

You have to wait for the disposal of appeal for further actions.

 

T Kalaiselvan
Advocate, Vellore
90038 Answers
2498 Consultations

The court case will take long time which cannot be avoided.

You cannot do anything about it.

You Have to wait till the case is disposed.

T Kalaiselvan
Advocate, Vellore
90038 Answers
2498 Consultations

make application for compounding of offence before trial 

 

,mention that full payment has been made to complainant 

Ajay Sethi
Advocate, Mumbai
99836 Answers
8148 Consultations

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