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SI gave 3,27,000 to a person in 2018. He gave me a promissory note for same amount and told he would return in one year. He requested to wait during corona time, which I did. But since he is not returning, I threatened to go legal. He gave a cheque for 4L on 26 July 2021, which bounced.
Long story short, I lodged a case and won on 18 March 2025, which states:
” In the result, the accused is found guilty
and he is convicted u/s.255(2) Cr.P.C., the
accused is sentenced to suffer simple
imprisonment for a period of NINE MONTHS
and also to pay fine of Rs.4,00,000/- (Four
Lakhs only) in default of payment of fine the
accused shall suffer simple imprisonment for a
period of 3 months for the offence punishable
under Section 138 of Negotiable Instruments
Act. The entire fine amount of Rs.4,00,000/- is
awarded to the complainant towards
compensation under Section 357 of Code of
Criminal Procedure. The accused was not in
judicial custody during trial.”Does it mean, if that person cannot pay me 4L, he will only get jail for 3 months and then he is free?
Thanks.
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VA lawyer here.
No, you are interpreting it wrong. He has to face both fine and imprisonment. If he fails to pay, he faces additional imprisonment. But that additional imprisonment does not absolve him from paying the fine. So, what remedy do you have if you want to recover the amount? You will have to apply for attachment and sale of his property. The sale proceeds will be adjusted towards his liability to pay.However, practically, it sometimes get difficult to get the attachment done. You will be required to produce a list of property owned by him.
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