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Execution of Foreign Court Judgments in Indian Courts
16-Aug-2023 (In Cheque Bounce Law)
I have a decree from a foreign court in a cheque bounce case against an individual who is presently in India. The accused was in the foreign country and I lent him money, he gave me cheques and then returned back to India. I deposited the cheques and initiated criminal proceedings against him in the courts. The foreign court judge sentences him to 2-year imprisonment. Now I am in India and he is also in India. Can we execute the criminal judgments of foreign courts in India?
Yes you can execute the criminal judgments of foreign courts in India. If the judgement has been passed by a court which has a reciprocatory court then execution is possible. If not then a fresh case has to be file taking the judgment as a fresh cause if action.
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Adv. Shreshth Jain
Delhi | 100+ Answers
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Yes foreign degrees are enforceable in India but the decree has to be seen if there is a penalty also imposed apart from imprisonment because if it is imprisonment alone that is not a decree. that is a punishment under criminal law for which the person will have to be extradited to the country which has found him guilty and imposed imprisonment please share the decree for A detailed opinion
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Adv. Madhu Tyagi
Delhi | 200+ Answers
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Hi good afternoon first of all yes u can file a case in India also which will be separate where u can tell the court that there is seperate cases which is been running in forgeing and he is been charged with punshiment there and we have to recover money here also so u can file a case here
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Adv. Yash Karan Jain
Delhi | 400+ Answers
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Hello client hru.
I got your query as per you request you have been cheated by some of your from in the matter of cheque fraud .as you have deposited cheque in his account he immediately moved to India without intimating you in any mode and not at all trying to contact you.in response you have obtained a foreign court judgement against him and you wanting exucute tht foreign decree in India .yes it can be done but with the help of and permission of high court it will be possible but for that we need to know the full judgement so we can let you know the actual fact which have be considered for foreign decree to get exucuted in India.
I got your query as per you request you have been cheated by some of your from in the matter of cheque fraud .as you have deposited cheque in his account he immediately moved to India without intimating you in any mode and not at all trying to contact you.in response you have obtained a foreign court judgement against him and you wanting exucute tht foreign decree in India .yes it can be done but with the help of and permission of high court it will be possible but for that we need to know the full judgement so we can let you know the actual fact which have be considered for foreign decree to get exucuted in India.
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Adv. Vishwanath Pratap Singh
Delhi | 500+ Answers
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