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.
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?
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.
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
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.
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
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.
I have made payment through net banking to victim, but court takes long time to take such decision. what alternative to go fast in this era of digital india, so that judge can take immidiate decision
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
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.
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.
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
Sir, there is no alternative. You can settle dispute outside the court or wait for final judgement. .
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.
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.
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
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.
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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.
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.