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Kiran (Private)     10 August 2012

Supreme court

Hello advocate friends,

I like to know this.... I lost a cheque bounce case in lower court and won in HIgh Court.  The accused appealed in Supreme Court and the accused was asked to deposit the cheque amount in court  to exempt from surrendering within two months.
 

The accused failed to deposit the amount even after 6 months.   The court has ordered the following:

By way of last opportunity two weeks further time is granted to the         |
|petitioner to deposit the amount with the trial court as directed earlier   |
|failing which the application seeking exemption from surrendering shall be  |
|treated as dismissed and the petitioner shall surrender before the trial    |
|court to undergo the sentence.  The concerned authorities be informed       |
|accordingly. 

The two weeks time also has lapsed now...

 Now will the accused get further opportunity if he pays the amount or it is closed
 doors for him once for all.

Can I move the lower court for his arrest and attachment of property.

Thanks.
 



Learning

 5 Replies

LAXMINARAYAN - Sr Advocate. ( solve problems in criminal cases. lawproblems@gmail.com)     10 August 2012

The accused may go in jail and than can continue the case in SC, however you may not get your money.

Even after surrendering he can get bail to persue his appeal.

Kiran (Private)     10 August 2012

The order is to surrender before the trial court and undergo the sentence how can the order be overwritten by the trial court and grant bail.

R Trivedi (advocate.dma@gmail.com)     10 August 2012

Generally in cheque bounce cases, if the accused is freed by trial court, High Court rarely reverses the trial court findings !!

LAXMINARAYAN - Sr Advocate. ( solve problems in criminal cases. lawproblems@gmail.com)     10 August 2012

1) cases aquited by trial court and even High court are convicted by Supreme court.

2) For Kiran after surrender before Trial court the accused can apply for suspenstion of sentence to be able to appear before the SC which the apex court may grant after putting some conditions. It is just like PEROLE.

madhu mittal (director)     21 August 2012

condition of payment  can be fulfilled and the accused can fight his case at Supreme Court and if his case is decided in his favour, the money so deposited can be returned to him.

If he till date did not surrender, it will be useful for you to get him arrested and if he could not be arrested, proceeding u/s 82 may be started and when he was declared absconded, his property u/s 83 can be attached.


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