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What Needs to be done after wining a NIA Act 138( complainant)


24-Nov-2023 (In Cheque Bounce Law)
Hi we, have won a Nia case complainant in fb 2020, due to lock down we were not able to make a (execution) sort of in the court, no we have demanded for the recovery from the court, Court has issued NBW against the accused and he has surrendered himself in the court had court has sent him 14 days imprisonment. what is to be done next.???
Answers (5)

Answer #1
788 votes
There are 100% chances that your you will get your money back. If in case the accussed person fails to pay the amount in the procedure of Execution then Court may attached his property and will recover the whole amount from that property. (Property in this includes any moveable or immoveable property).
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Advocate Jhalak Bhatia

Adv. Jhalak Bhatia

LawRato Delhi | 25+ Answers
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Answer #2
929 votes
If execution has been filed, seek the attachment of his property or seek his arrest from the court. what is being argued and prayed as per the legal paralance is what the court will do. so, act accordingly.
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Advocate Yuganshu Sharma

Adv. Yuganshu Sharma

LawRatoDelhi | 700+ Answers
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Answer #3
636 votes
move execution Petition, court's are functioning and it will take cognizance. since he is in custody he will move Bail, you can object in that stating that condition has not been fulfilled earlier. if that happens execution Petition need not to be moved.
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Advocate Pawan Prakash Pathak

Adv. Pawan Prakash Pathak

LawRatoDelhi | 200+ Answers
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Answer #4
609 votes
The following information is required: 1. The Court Order (NBW order) 2. Have you filed for execution now? Without verification of documents legal situation is hard to judge. Kindly contact us for a more detailed instruction and guidance.
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Advocate Medha Banerjee

Adv. Medha Banerjee

LawRatoDelhi | 25+ Answers
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Answer #5
896 votes
Hello, Procedure for trial of cases under Chapter XVII of the Act has normally to be summary. The discretion of the Magistrate under second proviso to Section 143, to hold that it was undesirable to try the case summarily as sentence of more than one year may have to be passed, is to be exercised after considering the further fact that apart from the sentence of imprisonment, the Court has jurisdiction under Section 357(3) Cr.P.C. to award suitable compensation with default sentence under Section 64 IPC and with further powers of recovery under Section 431 Cr.P.C. With this approach, prison sentence of more than one year may not be required in all cases.
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Advocate Jayatee Chatterjee

Adv. Jayatee Chatterjee

LawRatoDelhi | 5+ Answers
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