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What happens when accused has no means to repay the amount?
17-Dec-2023 (In Cheque Bounce Law)
My question is that If a person is found to be guilty of dishonouring of cheque,and is asked for paying compensation to victim..but if he refuses to pay the compensation by showing him as incapable to pay compensation in cash to victim,instead of having property worth to that compensation(but the owner of property is his father,and not has been transferred to the accused yet)..then whether the court can order the accused to pay the compensation by selling the property of his father,or the accused will be imprisoned for not paying the compensation?
Hello,
Having gone through your query would like to inform you that Dishonour of Cheque is a criminal bailable offence u/s 138 of NI Act thus if you are not able to pay the amount back then be prepared to be behind the legal custody till you dont repay the compalinant if you are not able to pay the amount at once you can request the court to let the payment on 3-4 installments monthly
Thank you
Having gone through your query would like to inform you that Dishonour of Cheque is a criminal bailable offence u/s 138 of NI Act thus if you are not able to pay the amount back then be prepared to be behind the legal custody till you dont repay the compalinant if you are not able to pay the amount at once you can request the court to let the payment on 3-4 installments monthly
Thank you
Helpful?
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Adv. Syed Ramiz Zafar
Ranchi | 25+ Answers
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Venerated questioner,
As per law you have to pay money to the aggrieved person. If judgement has been passed against you wherein direction has been given to pay compensation but you failed to pay then you have to face imprisonment. Suppose you have property that is ancestral then you can file petition before court to give chance to sell his property as a legal heir. Court must give you chance. Call me for more assistance.
As per law you have to pay money to the aggrieved person. If judgement has been passed against you wherein direction has been given to pay compensation but you failed to pay then you have to face imprisonment. Suppose you have property that is ancestral then you can file petition before court to give chance to sell his property as a legal heir. Court must give you chance. Call me for more assistance.
Helpful?
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Adv. Anil Kumar Singh
Ranchi | 500+ Answers
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DEAR SIR
COURT MAY PROCEED WITH YOUR FATHET PROPERT IF COURT FOUND THAT YOU ARE THE ONLY BENEFICIARY OF YOUR FATHER PROPERTY AND COURT MAY EXTEND THE PUNISHMENT IF COMPENSATION IS NOT PAID TO THE VICTAM
COURT MAY PROCEED WITH YOUR FATHET PROPERT IF COURT FOUND THAT YOU ARE THE ONLY BENEFICIARY OF YOUR FATHER PROPERTY AND COURT MAY EXTEND THE PUNISHMENT IF COMPENSATION IS NOT PAID TO THE VICTAM
Helpful?
47+
47+
Adv. Shyam Narsaria
Ranchi | 200+ Answers
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