Appeal in High court

Shalini Sharma (Querist) 26 August 2016 This query is : Resolved
Hello experts ,
I m an Advocate...
I have filed an appeal on behalf of complainant against the aquittal order of accused u/s 138 of NI Act. Now the appeal is admitted and came in due course in July 2016 . The complainant/appellant is in the age of 75yrs. Shall I file an early hearing on the ground of appellant's age as schedule time will take many years. If so, how many months should I atleast wait to file early hearing??? Need experts advice on the same.

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Guest (Expert) 26 August 2016
Since when you are practising as lawyer and how many cases of appeal in HC you have dealt with so far?

cherukuri prasad (Expert) 26 August 2016
In appeal stage complainant need not be present. Age is not a bar to sustain right to sue. You can always request court for early hearing.

cherukuri prasad (Expert) 26 August 2016
I depreciate the over confidence of Dhingra who should not forget that at one point of time we are also juniors. Shalini May please ignore Dhingra and keep asking.

R.K Nanda (Expert) 26 August 2016
U can file early hearing application in high Court ASAP on ground of very old age of ur client.

Raj Kumar Makkad (Expert) 26 August 2016
Appeal against the trial magistrate must be pending before the Sessions Court and not before High Court. I do agree with Prasad that appellant (complainant in present case) need not to attend the case personally as he is duly represented by you but keeping in view his old age, an application should be moved at the earliest to decide the appeal within a short span of time so that the appellant may taste the fruits of his complaint which otherwise is sanguine of success on merits.

Guest (Expert) 26 August 2016
Mr. Cherukuri Prasad,

Your remarks against me makes me wonder. By the way, what you have to say on your own observation on her earlier query about "Execution", which she put 12 hours ago. Your reply at the following link was, "BLAME YOUR INCOMPETENT ADVOCATE. NOT COURT. YOUR ADVOCATE MAY BE PLAYING GAMES WITH YOU."

http://www.lawyersclubindia.com/experts/execution--613566.asp

SO, COULD NOT YOU ASSUME THAT TIME THAT SHE WAS A JUNIOR ADVOCATE?

She mis-stated, "I m an Advocate..." and you believed that. Can you please clarify on what basis you have assumed the querist, as a junior advocate, just to make my position false?

She is a member of this forum since 15 Sept. 2015, but her profile does not indicate anywhere that she is a lawyer. Her profile simply states, "I will be updating it soon." Lawyers mostly give their introduction on their profile pages, not mention like, "I will be updating it soon."

I am of a firm view that she is merely a law student and has misrepresented her as a lawyer just to avoid no response on her academic query.

By the way, have you checked about her activities under the heading, "My Contributions"? If not, must check and you will find all her queries as merely academic queries, not lawyers queries.

In one of her query, even on a reply given by one expert, she has asked him "Pls tell under which section ??" Can that be a question from a lawyer that fights cases even at HC level.

In another case, when 11 moths ago, Shri Sainath Devalla asked her, "Shalini, Are U a lawyer?", she did not reply his question till now for the last 11 months.

In another question she asked for case laws. Still in another question, she asked, "Is there any provision to file a caveate in district courts?"

So, what ignorant type of this lawyer is, who fights cases even at the level of HC?

Mr.Cherukuri Prasad, can you jutify your remarks on me in any way when you are not sure about her real identity?

Although you seem to be quite an experienced lawyer, but probably are still unable to distinguish between a lawyer and a student. Here in this query, you believed on her false statement and assumed her to be a lawyer without verification from her profile or activities. Rest assured, I am not fond of putting questions on each and every querist. I put questions only when I am in a doubt about fakeness of identity of the querist. I don't try to jump on expressing my opinion on a question until I am satisfied about genuineness of the problem of the querist. This is a marked difference between you and me.

For testing the correctness of my statement about her, you can see her queries and open the following links to decide whether she is a lawyer or a lier:

http://www.lawyersclubindia.com/experts/property-attachment--560966.asp

http://www.lawyersclubindia.com/experts/fd-against-bail-in-498a-561346.asp

http://www.lawyersclubindia.com/experts/bail-562106.asp

http://www.lawyersclubindia.com/experts/contempt-of-court-575641.asp

http://www.lawyersclubindia.com/experts/caveate-611366.asp

http://www.lawyersclubindia.com/experts/execution--613566.asp

Rajendra K Goyal (Expert) 26 August 2016
Agree with the expert raj kumar makkad.

Devajyoti Barman (Expert) 26 August 2016
Most of the high court gives preference to matters filed by the senior citizens.
So mention your case for early hearing.

Shalini Sharma (Querist) 29 August 2016
@Thank u so much all experts and specifically Mr.Prasad for answering my querry. Now may I address to Mr.P.S.Dhingra for being so sarcastic and so rude towards me. BTW Mr. Dhingra for your kind information I m very much a practicing lawyer and enroled in 2012. I wasnt expecting such kind of thinking of people like u , so called expert. The said case was with me in the trial court and as my client wanted it I filed an appeal in the HC . Is it mandatory that until unless u dont have practice of 15-20 years u can not approach to HC. Even I can go to SC also with signature of AIR. This is my second case in HC and I was really confused abt early hearing so asked the same in this Forum. I thought this Forum is made to help people to clear their legal doubt, but if this Forum has experts like Mr.Dhingra, thn it is waste to ask anything . Mr. Dhingra u referred my previous queries !!! yes I has all sort of queries cos I started independent practice since inception, therefore facing such minor issues. U said that its been asked that M I a lawyer and I dint reply...that is cos after that I didnt login and now aware about thst but now when I again login I started my query mentioning that I m a lawyer , only cos I was asked in earlier answer but I could not reply. In execution matter also I m not incompetent, its only that trial court is favouring JD and not listening any of our plea I wanted to know the way to approach superior court, if any...And sorry to say Mr. Dhingra, u r asking my no. Of cases and practice ....I m proud to say that I have successfully done lots of case INDEPENDENTLY..... As I could not find any senior (having long practice career )to ask for any help as either they dont know or they are arrogant(One like u in this forum). And also Mr. Dhingra, answer the query if u really want to help otherwise ignore it instead_of insulting people .

Shalini Sharma (Querist) 29 August 2016
@ Mr. Makkad thanks for answering . Sir appeals of trial court against conviction go to sessions court but in case of aquittal appeal goes to HC. My appeal is admitted and came in due course ..I will surely consider your advice on early hearing ...
Thanks & Regards.

Shalini Sharma (Querist) 29 August 2016
@Mr. Prasad.,...U repeatedly referred level of HC in your remaks. Calling yourself a HC or SC lawyer does not make your level... I have seen lawyers claiming practicing in HC/SC does not even know abt arbitration proceedings, which I m doing in HC being a District court lawyer. Your curiosity and urge to know more, your Knowledge and ur kindness make your level...AND as far as my profile is concerned, at the time of registering I dint even know to update it as a lawyer ......

Shalini Sharma (Querist) 29 August 2016
Sorry!!! Above msg addressed to Mr. Dhingra not Mr. Prasad.

Guest (Expert) 29 August 2016
Hi Shalini,

Great, at least you woke up from your slumber after 3 days to reply my previous question. May be after getting encouraged from the comments of one member against me. Anyway, thanks.

IHowever, with reference to the nature of present query, as well as the questions at the links referred above by me, I can only suggest you to take re-admission in LLB course, as the questions do not fit with the skills of a practising lawyer.

But, I wonder to know, if you are really a practising lawyer, why you failed to confirm the fact 11 months back, when Shri Sainath Devalla asked you, "Shalini, Are U a lawyer," when as per your present post, you have been practising since 2012?

Shalini Sharma (Querist) 29 August 2016
Mr. Dhingra, I do not check this app on daily basis as I do not have that much extra time , therefore I did not know abt Mr Devalla's question and also abt your post . I chekd it yesterday only and replied the same. I did not even chk this app since long. Only, when I needed to post my new query I logged in and then only came to know abt Mr. Devalla asking me this and to clear this only, I started my query mentioning that I am a lawyer. But I do not understand that why r u after me? I m so surprised to see your behaviour towards my queries . You are constantly writing such crap against me . Level of my queries may be low but see ur leve!! its worst. My queries are those which I came across during practice and therefore asked....But u so called expert did not even answered any of them....if u are so genius then u could answer at lesst one of them (even if thy r small) instead_of writing the whole long essay on me. After reading ur posts I can only say that u are an insecure person who is frustrated and throwing the same on others. First, be a good human being then claim urself an expert and advice others what or what not to do....

Shalini Sharma (Querist) 29 August 2016
Also U referred the practicing skills of a lawyers . What r the practising skills of a lawyer? knowing nothing and taunting others? which u perfectly have. May be I posted basic queries but they all were answered by other experts except u. That shows that u are the only problematic person in this Forum. I m a beginner and surely will achieve success in future but I feel sorry about the people like u, who stands nowhere. I dont know how old u are in this profession but I m sure you have ZERO knowledge about law....

Guest (Expert) 29 August 2016
Ms. Shalini,

Another great news from your side, when you say, "I do not check this app on daily basis as I do not have that much extra time , therefore I did not know abt Mr Devalla's question and also abt your post." That clearly means you did not check this link for the last 11 months, when you posted your query, "If police has not present the CHALLAN within 90 day. Under which section the accused is able to demand a bail. Offence Is u/s 420, 406 & 34" at the following link:
http://www.lawyersclubindia.com/experts/bail-562106.asp

Immediately below your query, Shri Sainath Devella asked you 11 months ago, "Are U a lawyer?"

There are four other persons also who replied your query, but there was no response from your side. THE QUESTION ARISES, "WHAT FOR YOU ARE POSTING QUESTIONS WHEN YOU DON'T HAVE TIME TO SEE THE ANSWERS TO YOUR OWN QUERIES?

It is evident, your plea is quite baseless and merely an after thought after 11 months, when I raised a question on your vague posts.

About your other post stating about having zero knowledge, it can be anybody's guess, what you can judge about others knowledge, when you don't have even the very basic knowledge of law, as is clearly revealed from all of your questions raised so far.

About your observation, of course, I prove as a problematic person only for those students, who do not concentrate on their course modules and law books and seek 100% spoon feeding from the experts here, NOT for anyone else. I prefer to render my help only to the persons, who really are in trouble with some problem.

Shalini Sharma (Querist) 29 August 2016
Now u r sounding funny mr. Dhingra. Now as u dont have anything to say u r repeating the same thing again & again. What is ur problem if I did not check or reply to my earlier posts. Who are u to raise question on me? you are NOBODY . My questions do not reveal my knowledge but of_course ur reactions to my questions definitely reveal ur knowledge and level . I think neither a law student nor anybody else needs the help of person like u. God helps u!! Also do not ever answer to my queries , keep ur rubbish knowledge with urself only.

Shalini Sharma (Querist) 29 August 2016
Now onwards, do post whatever shit u want to post , I dont even care as u are a gone case!!!

Dr J C Vashista (Expert) 30 August 2016
@Shalini,
Everyone, except Abhimanyu, who gained knowledge from his mother Dropadi even before his birth, learns from "seniors", neither you nor I am an exception to the hard fact.

For gaining knowledge you are required to be humble and polite. Please learn some more etiquettes for your personal benefit and example for youngsters to follow.

It is my personal and humble suggestion (not advise) that if you are so busy that you are unable to find time to check your mail/reply to your mail, concentrate on your work as per your priority but do not send such feelings to a very senior expert like Mr. Dhingra.

Stop any further personal remarks against a senior expert, it is in the bad taste/example. I do not subscribe to your remarks, please close this chapter here itself.
Regards & best wishes.

Guest (Expert) 30 August 2016
Ms. Shalini,

So now, by assuming that I "dont have anything to say," you want to tell the members of this forum that you are a fake astrologer also.

If you pretend that after posting of your questions you don't get time to check what others have said, not my but all others problem is that you deliberately tend to breach the trust of LCI members by wasting their precious time and energy, who voluntarily render free service to you in good faith.

Do you think they are your paid servants and should be at your beck and call? MIND IT, you don't have any right to waste others precious time and energy, who pose trust on you to be sincere in posting your problems, even though you had always been posting only hypothetical questions.

So, not only I, any of the members here can also raise question on you, if you try to take undue advantage of their trust and free voluntary service.

By continuting to unduly cast aspersions on me, you are doing nothing, except exposing more and more of yourself only. You may, if liked, contimue to do so, as much as you like, but facts can never be swept away by any of your afterthoughts.

Shalini Sharma (Querist) 30 August 2016
@Dr. Vashista... Respecting ur suggestion I m closing this chapter right here Sir. But I did not ever expect the language used by Mr.Dhingra being such a senior . His hard words made me right so much in reply. This everyone can vouch. Now see ur post, even if u do not agree with my remarks, but still your language shows that u are a senior who give genuine advice to a junior instead_of humilating them. SO I do stop here and will not post anything further.
Thanks & Regards.

Guest (Expert) 30 August 2016
Dear Dr. Vashista,

With her last post the querist seemed to have given you a direct hin, as if by intending to close her chapter, she bestowed some special favour on you and indebted you. What a style of the querist!

Rajendra K Goyal (Expert) 03 September 2016
Nothing more to add.

Dr J C Vashista (Expert) 03 September 2016
Dear Dhingra ji,
The youngsters are bound to do mistakes, we can not (rather should not) equate them with us, seniors have to forgive. They shall have to learn from their mistakes and seniors, kindly do not take to your heart, my personal request to you.
Thanks and warm regards.

Guest (Expert) 03 September 2016
Dr. Vashista,

I never care about my criticism, as my efforts are always sincere, with no malice or ill intention towards anyone. It is up to the other person, who takes my opinion sincerely or in a joke. Of course, over-smartness on false representations can be irksome, not only to me, for anyone else.

Appeal in High court

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