Anil Lalcheta 10 March 2018

Appeal in 138 negotiable

One of my clients was a accused in 138 case where he had given 10 cheques each of Rs 100000,

The complainant had filed 10 complaints in trail court and all were in the same Magistrate's court

Now he recently got convicted by the order of trial court in all the 10 cases.

Now if we want to appeal in District court then do we have to file 10 appeals or we can combine all in one, if yes then under what section??

Thanks in advance

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4 Replies

J.D.S Sareen (-) 10 March 2018

10 seperate criminal appeals. You should have submitted an application under 220 Cr.PC for clubing up all complaints before the trial court,if those cheques had been issued against a single transaction. Please take second advice.

Anil Lalcheta 11 March 2018

In each case, he has been given imprisonment of 1 year and cheque amount and if not paid then additional imprisonment for 4 months

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(Guest)

Thanks to both the experts.....

So sir Ramesh Singh as per your opinion we have to file 10 separate appeals....... We cannot file a single appeal??

Another question, while appealing to set aside the trial courts order , can we also appeal for relief of imprisonment sentence,
If yes under what section?
(note: accused doesn't want to pay money)