What should do after Judgement of a Session Case under the NI ACT, 1881 (amended 2006).

In Bangladesh, after obtaining a judgment and order in a Sessions Case under Section 138 of the Negotiable Instruments (NI) Act, 1881 (amended 2006), if the convicted person (accused) does not pay the fine or compensation as ordered by the court, you can file a Certificate Suit for recovery under the Public Demands Recovery Act, 1913 (PDR Act).

Steps to File a Certificate Suit for Recovery of Money:

Step 1: Obtain the Certified Copy of the Judgment & Order

• After securing a conviction under Section 138 of the NI Act, obtain a certified copy of the judgment, order, and sentence from the court.
• This document will serve as proof that the accused (judgment debtor) is legally obligated to pay.

Step 2: Apply for a Certificate from the Court

• As per Section 386(3) of the Code of Criminal Procedure (CrPC), 1898, if a fine or compensation is not paid, the Sessions Court may issue a Recovery Certificate treating the amount as public demand.
• Submit an application to the Sessions Judge's Court requesting a Certificate for Recovery of Fine/Compensation.

Step 3: File a Certificate Case Before the District Collector

• Once the certificate is issued by the court, file it with the District Certificate Officer (Deputy Commissioner - DC) under the Public Demands Recovery Act, 1913.
• The District Collector (DC) acts as a Certificate Officer for execution.

Step 4: Initiate Recovery Process Under PDR Act

• After filing, the Certificate Officer (DC) will issue a demand notice to the accused (certificate debtor) to make payment within a specified period.
• If payment is not made, the Certificate Officer can enforce recovery through:
  1. Attachment and Sale of Property – Movable and immovable assets of the debtor can be seized.
  2. Arrest and Detention – In case of deliberate non-payment, the debtor may be detained.
  3. Salary Deduction – If the debtor is a government employee, the recovery can be made from their salary.

Step 5: Execution of Recovery Order

• If the accused still does not comply, the Certificate Officer will proceed with auctioning the attached property or executing other legal means of recovery.

Legal Provisions Supporting Certificate Suit

1. Section 386(3), CrPC, 1898 – Allows the Sessions Court to recover the fine as a public demand.
2. Section 138 of NI Act, 1881 (Amended 2006) – Empowers the court to impose compensation or fine.
3. Public Demands Recovery Act, 1913 – Governs the enforcement of recovery proceedings through the Certificate Officer.

Alternative Legal Remedies

If the Certificate Suit process is delayed or ineffective, the following legal actions can also be taken:

• Execution Petition under Section 386, CrPC: File for direct execution of the fine through the court.
• Insolvency Proceedings: If the debtor declares insolvency, legal steps can be taken against their assets.
• Civil Suit for Recovery: A money suit can be filed in the Civil Court under the Code of Civil Procedure (CPC).

Filing a Certificate Suit under the PDR Act, 1913 is the most effective method for recovering money from an accused after a conviction under Section 138 of the NI Act, 1881 (amended 2006). The Sessions Court issues the Recovery Certificate, and the District Collector (DC) executes it as a public demand. If this process fails, alternative legal remedies like execution petitions or civil suits can be considered.