Punishment provision for complainant for 138 NI act Punishment provision for complainant for 138 NI act

2 years ago

Back Ground
Accused is acquitted for the offence punishable under Section 138 of Negotiable
Instruments Act.
Following are the question,
• What action can be taken against the complainant?
• Any provisions in the law to punish the complainant for the 138 NI act.

Kishan Dutt Kalaskar

Responded 2 years ago

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A.Dear Sir,
If complainant not went in appeal against such acquittal judgment then you can get issue a legal notice and file criminal case for defamation and a civil case for defamation claiming huge compensation.

I could have explained more if background is known to me. If background is made known in full then legal experts will be in position to understand correctly. Moreso, the background must be in brief.

Please give me FIVE STAR if satisfied by my answers.
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Vidhi Samaadhaan Vidhi Samaadhaan

Anik

Responded 2 years ago

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A.Dear client,
The appeal against acquittal of the accused case can be filed only before the High Court under Section 378(4) of Cr.PC.
if a person convicted under 138 NI he get a punishment for imprisonment for a term which may extend to 2 years and with a fine which may extend to twice the amount of the cheque, or with both.
Thank You.
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