I have lost a case in lower court for my client Under NI Act 138-the case has been decided as double the amount of the cheque with an imprisionment of one year.
I being agrieved against the decision want to appeal against the decision of the lower court in the session court.
What are the provisions for such appeal, is it essential that I have to deposit any money for the appeal being accepted/entertained as per law. If yes what are the directives and if no than please advise how the same can be pleaded in the session court while hearing on the appeal, Would you please suggest any solid judgment that I can get justice for my client.
Normally the bail papers are filed if the accused are convicted on the day of judgement so that the accused may file appeal. first you should file for bail if you have not got bail for the client.
you canappeal to session court . there are number of judgments but the judgement you require would depend on the facts of the case so please post brief facts of the case so that judgement may be searched which may be helpful for you
You are right I have already taken bail of my client at the lower court and I have time for filing the appeal at the session court.
Now my specific question and request to guide me in connection to file appeal is:-
I have filed the appeal with the sesion court which has been only entered.
The session court has ordered to issue notices to the other party.
At the session court we have filed an application 389(1) for suspension of the term of the lower courts Judgment & it is at this stage the Session Judge has demanded an amount equivalent to 15% of the amount of cheque plus the amount of penalty imposed in the lower court. To be more specific the session Judge has kept the appication 389(1) for argument and has said that the Jail term shall be suspended only if you are willing to deposit 15% of the amount ( Rs. 3 Lacs Ceque Amount + Rs 3 lacs penalty imposed by lower court) that makes the amount to Rs. 6,00,000, which means the session judge is ready to suspend the jail term if we deposit Rs 90000/- in Legal Aid otherwise not.
My Request to you:-
Is it Judicious that the session court which is also known as a trial court can demand such big amount for seeking justice ?
If not would you please guide me with certain Judgments and citations that I can convince the session judge legally not to insist and pass order.
My client is in a very poor state of financials and finding hard to survive on day to day basis.
The argument date on the application 389(1) is to-morrow the 19th of Nov 2010 - I request you to please advise urgentlly:-
first of all the court has not demanding to diposit the ammount. the court is trying to negotiate only. in my opinion you should wait untill the judgement is pronounced. if the court has passed an illigal order mau may proceed to the high court.
but, proverty is not a defence in a case U/S- 138 NI Act.
so, pl arguee your case and wait till judgement is pronounced
Poonamji - For suspending the sentance you will have to deposit the amount. Sometimes the Courts ask to deposit upto 25%. In your case it is 15% only. There are judgements to the effect that the sentance cannont be suspended without depositing part of the amount ordered to be paid.
With all due respect there is no provision to deposit any money ,, or what about this 25% or 15%,, about imposing penalty u will find judgement they can't impose such penalty ,,, and penalty deposit in legel aid they must be following supremecourt judgement ,,,, and they can only ask if parties going to do compromise . u must appeal abt imposing penalty ..
here in Ganganagar (rajasthan) there is simply appeal no penalty whatsoever ,
advocate / commissioner of oaths
[ Scorecard : 520]
Posted On 25 December 2010 at 12:18
You will be let out by suspending the sentences of the lower court only after payin the fine amount before the lower court ast the time of pronouncement of the judgement. Now you can file an appeal beforethe sessions.With regard to the other procedures of court leave it to the lawyer who defends . You are not supposed to bother about it as it is not your profession of advicing the judgement debtor.