138 n.i.act

Querist : Anonymous (Querist) 27 November 2010 This query is : Resolved
sir,
ine one matter cort has made conviction of the accused and directed him to pay compensation of around 4 lakh against cheque amount of 4 lakh. accused is a poor govt.servantand nw plz tell me the procedure of filing appeal to seession?/?is it neceesary to predeposit amount of fineof 4 lakh or appeal can be filed without it also do u ve any citation in our favour due 2 which appeal can be admitted without depositing or depositing lesser amount as he is very poor person and complainant has filed false case against him.nw complainant threatened him that he will loose his job and complainant is not ready 2 compromise.plz tell me hw much amount is required as predeposit before filing appeal??

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Guest (Expert) 27 November 2010
There is no law for predeposit of amount before file the appeal.... appeal'll be admit as a right in routine manner. But so far as suspention of sentance is concerned generally court direct to deposit 1/4 cheque amount.

Kirti Kar Tripathi (Expert) 27 November 2010
I agree with Ajitabh. The appeal is the right of party and no deposit is required.

PJANARDHANA REDDY (Expert) 27 November 2010
NO NEED OF ANY DEPOSIT,PLS CONSULT GOOD ADVOCATE WHO IS EXPERT IN 138 AND FILE AN APPEAL IN SESSIONS COURT.
TRAIL COURT ALWAYS GO AS PER ACT AND PRESUMPTION IN 138 & 139.
IF ENGAGE AN ADVOCATE YOU CAN DEFINITELY WIN THE CASE.
DONOT WORRY FOR PRIVATE CASE NO NEED OF LOOSING JOB, TRY IN SESSIONS.

Jithendra.H.J (Expert) 27 November 2010
I do agree with Ajitabh

G. ARAVINTHAN (Expert) 28 November 2010
No need for depositing the amount prior to filing appeal.
The same may be deposited if a conditional order is passed with respect of the suspension of appeal