Appeal against acquittal u/s 138 of n.i. act

 

(Querist)
30 November 2017

Dear sirs,
A private complaint filed by me in a JFCM court was dismissed and the accused was acquitted. My advocate filed on behalf of me an appeal in the District Court, Chittoor of Andhra Pradesh which has got numbered and taken on file. The case is posted to 8th March 2018 for hearing.
Recently I came to know that District Courts are not competent to take appeals against acquittal. In these circumstances my request is can I file a S.L.P. in the honourable High Court when the appeal is pending before the District Court? Will the honourable High Court condone the delay in filing S.L.P.? The problem arose because of my advocate but not of me. what can I do in this matter?


Vijay Raj Mahajan (Expert)
30 November 2017

60 days time limitation period if has expired than move condonation of delay in filling SLP in the High Court. The wrong filling of appeal in Session Court against the acquittal because of lawyer's mistake may be pleaded but that depends on the High Court to allow such plea for delay in filling special leave petition in the High Court.

DEFENSE ADVOCATE.-firmaction@g (Expert)
30 November 2017

There is no problem and no mistake of advocate. Let the case proceed till final judgment. The time taken for running the case will be condoned while filing appeal in high court.



Guest (Expert)
30 November 2017

Change the lawyer. Why engaged a quack and ignorant lawyer?

Even if someone advises you what to do in the court of law about your appeal, how that can prove beneficial to you , when you own lawyer would not be able to adopt that process?

Isaac Gabriel (Expert)
01 December 2017

Let us maintain decorum while posting replies to queries and avoid wounding anybody.



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