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In case of incapacity to pay, how will the complainant be compensated?


21-Dec-2023 (In Cheque Bounce Law)
My question is that if an order is passed by a trial court u/s 138 NI Act that the defendant gets punishment of jail term (imprisonment) for 1 year and a fine of 5 Lac rupees, out of which 4 Lacs will be paid to plaintiff. In case, if he is unable to pay the fine of Rs 5 Lacs, then his jail term will be exceeded by 6 months. I want to know, that if defendant doesn't pay the fine and completes the extra 6 months jail term, then do i have any remedy for getting the money back ?
Answers (1)

Answer #1
671 votes
An application for attachment of property under the civil procedure code or section 60 of the Negotiable instrument act of the property of the defendant can be put before the court and thereby compensated

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