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Defending 498a acquittal appeal in sessions court

(Querist) 13 February 2016 This query is : Resolved 
the girl filed dowry and 498A case on all our family members and we all were acquitted in 1st week of april, 2015 and judge gave 90 days time for appeal, we have fought nearly 6 years in the court battles. girl side took certified copy on april 15th,2015 and filed for an appeal in september 1st week 2015 citing condoned delay. Our lawyer says they have not given proper reason for delay and that would help in dismissing the case partially. moreover in the 498A judgement, trial court judge cited that the complainant should file under different section, if they felt they were cheated by us and 498A is not the approriate one. OUr lawyer says this point is not enough and says there are different sections and points to be noted for condoned delay and will try use those points.

My lawyer says session courts generally entertain appeals and would not consider any sections or points and it is the judge discreationary power.

Please suggest if there are any good grounds and sections and what points will be considered for dismissal of 498A appeal to the satisfaction of the judge in session court.
dr g balakrishnan (Expert) 13 February 2016
remember when appeals are made are against some grounds, that only you can appeal against.
Rajendra K Goyal (Expert) 14 February 2016
Case file and copy of decision need to be referred, consult local lawyer for second opinion.
Vijay Kumar (Querist) 09 March 2016
Thanks for the reply


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