Appeal for enhancemnt of sentence and compensation imposed.

CPSharma (Querist) 16 March 2017 This query is : Resolved
I have filed a complaint under section 138 n.i. act. accuse accepted his failure to pay Rs.1152000 for which he issued the cheques. trial court passed the orders and accuse is sentenced for one year S.I. and to pay compensation of rs.1252000. i have paid rs.41000 court fees and almost 4 yrs. has been passed. expenses are more than 2 lacs (3 times case transferred court to another court on the jurisdiction subject matter). now i want to file an appeal before addl.session judge to enhance the sentence of one year S.I. and compensation. accuse is also filing his appeal against the trial court orders. kindly suggest me the citations so i can claim max.compensation, court fees, expenses, interest etc. and accuse could be bounded to pay atleast 50 percent of compensation to suspend the sentence.

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ADV-JEEVAN PATIL, MUMBAI (Expert) 16 March 2017
Accuse has every right appeal. In yr Reply best way is to 1) resist for suspension of centence and 2) insists for enhancement of centence 3) pray for deposit of cheque amount in court as court may deem fit

Rajendra K Goyal (Expert) 16 March 2017
citation / Judgment / reference cases / ruling / decided cases not provided / supplied.

Ms.Usha Kapoor (Expert) 17 March 2017
Agree with Advocate Jeevan Patil.

Dr J C Vashista (Expert) 18 March 2017
@ C P Sharma,
1. There is nominal court fees in a complaint case u/s 138 of the Negotiable Instruments Act, 1881, I am surprised where and how have you paid Rs. 41,000/- as "Court Fees"? In Delhi it is just Rs. 1.25 paisa, find out in your state and enlighten us.
2. How do you calculate expenses incurred by you for getting the judgment in the instant case, which have been up to Rs. 2 lac, as stated?
3. If you feel that adequate punishment has not been awarded to the accused, you are at liberty to assail impugned order on sentence. By the way, suppose you are the accused or his counsel, how much punishment did you expect? However, I feel the sentence is appropriate, justified and commensurate to the offence.
Best of luck,
Regards

CPSharma (Querist) 18 March 2017
Thanks patil sir, usha mam.
Res.Dr.vashista sir, The cheque amt.is Rs.11,52,000/- and I have paid rs.41,000/-as court fees according to act provisions