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Order for pay and/or imprisonment but accused still not booked.
06-Jul-2023 (In Cheque Bounce Law)
I won the 138 case in lower court and in the accused moved to next higher court with his appeal but the appeal has also turned down. Now for last one year the accused taking time from the trial court with the pretext of going to the High court but not done so far. What to do ? Can there be any court attachment of his property/salary ?
You can immediately move to court for execution of the decree passed by the lower court and also show the high Court order rejecting the appeal and pray for attachment of his property or any other assets to realise the money.
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Adv. Alakananda Das
Kolkata | 100+ Answers
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These pleas of accused could not be sustained if he has not yet filed any appeal or got any stay order from High Court. Yes attachment of salary could be done if accused is avoiding proceedings ultimately accused has to pay to the Complainant as well as to Dustrict legal service authority 15% of the cheque amount as fine if he settles after passing of judgement or has to comply with the order as well as has to suffer imprisonment. Moreover unless the Copy of Judgement is seem other remedies in favour of the complainant could not be suggested without Judgement copy
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Adv. Sunderjit Nanua
Kolkata | 25+ Answers
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I do not know why the Court give him time till one year as per your version. However, your Ld. Lawyer explain it very well. The Court did not attach his property or Salary under any provision of this present section.
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Adv. Sanjoy Acharjee
Jalpaiguri | 400+ Answers
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