Hello Sir, I had given money to my uncle in 2016 for business purposes that he failed to return my money. After fighting a lot, he had given cheque that bounced and was not ready to give money back. Hence, I have filed the cheque bounce case in Mumbai court. The case ran for 3years, he failed to negotiate and didn't even attend the final hearings. Below is the final judgement from the Court. Per the judgement, he will go to jail for the first six months and additional two months if he fails to pay money with interest in three months. My question is - 1) What are the possibilities to recover the money if the accused fails to pay money in three months, and he goes to jail for two months. Is he most likely ready to go to jail? 2) What is the process to contest/fight back to recover money. Can I file a summary suit. Is there any timeline to file this. Can I appeal court again to recover money after he comes back from jail serving two months for failing to pay money with interest? 3) And, what if he fails to pay money with interest in three months and apply for bail? Final Judgement from court ================================================================== The accused Mr. ABC is convicted for the offence punishable under Section 138 of Negotiable Instruments Act vide Section 255(2) of the Code of Criminal Procedure. 2. The accused is sentenced to suffer simple imprisonment for 06 (Six) months for the offence punishable under Section 138 of the Negotiable Instruments Act. 3. The accused is hereby directed to pay an amount of Rs.14,00,000/ (Rupees Fourteen Lakhs Only) to the complainant as compensation vide Section 357(3) of the Code of Criminal Procedure within 3 (Three) Months from the date of this Order and if not paid within three months, interest @9% per annum to be levied on this amount till its realization, and in default, accused to suffer simple imprisonment for 02 (Two) months. 4. Issue warrant of arrest of the accused Mr. ABC for forwarding him to the jail for execution abovesaid imprisonment vide Sec.418(2) of The Cr. P. C\ ==================================================================
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Accused would not like to go to jail
2) he would appeal against conviction and seek time to make payment
3) . Court would grant stay provided he makes payment of at least 50 per cent of amount
4) you cannot file summary suit now . Your claim is barred by limitation
Thank you Ajay Sir for your reply. 1) He seems more likely to go in Jail rather than arrangeing for Money. In case if he goes to Jail for said period as per the judgement, how can i recover my money?? I am also not aware about any of his property and wealth he owns in order to recover my money from accused.
According to Section 421 of the Code, fine could be recovered either by warrant of attachment or sale of movable property belonging to the offender or by issuance of warrant to the Collector authorising him to realise the amount as arrears of land revenue from the movable or immovable property or both of the defaulter.
engage a detective agency to find out accused property
You can get the payment by attaching his property
Yes summary suit without 3 years of cause of action
1. If he is convicted and sentenced to undergo imprisonment then he has to go to jail and would have to be there for six months, and if he fails to make payment after the six months imprisonment, then he may have to undergo additional punishment of two months imprisonment too.
2. If you have not filed the money recovery suit by civil law simultaneously, then it would be barred by limitation at this stage, you may not be able to recover your money from him.\
3. Even if he applies for bail then he has to prefer an appeal, in the appeal he had to pay at least half the amount as deposit before court otherwise his appeal may not be taken on file hence no bail will be granted.
Since you have not filed the money recovery suit earlier, it will not be possible for you to recover your amount at this belated stage.
If he is ready to be in jail for additional two months, then you cannot recover any money from him because as per judgment of cheque bounce case he has been punished.
You can recover you money by filing recovery suit if he have some immovable property. if he does not have any property, nothing can be recovered from him. If an accused is prepared to go to jail in stead of paying money, no one can recover from him.
Dear Client,
If he does not pay back in the manner decided by the court, you can again approach the Court and file a suit against him to recover your amount as anyone can not disregard the judgment of any Court.
Thank You
