138 ni accused convicted and filed an appeal in session court respondent what to do?
ASHOK MAHESHWARI
(Querist) 05 May 2015
This query is : Resolved
In case of dishonour of cheque, accused was convicted by lower court and now he filed an appeal in the session court. I am respondent and has to reply in the session court. Accused/ Appellate is an advocate and willingly put a wrong address of me/ respondent to delay the process and I have not received memo/ notice of session court due to this wrong address. I would like to know the procedure, can my advocate give written arguments only or oral arguments are also necessary? Because I think that the judgement passed by trial judge is perfect and no chance are there for the accused in appeal.
Dr J C Vashista
(Expert) 06 May 2015
Was the address of accused correct in proceeding before trial court? If yes, how it is possible to change it?
You are to required to file your reply to the appeal of convict/appellant on/after receipt of notice from appellate/Sessions court.
ASHOK MAHESHWARI
(Querist) 06 May 2015
yes it was correct in trail summary and correctly mentioned in the judgement order passed by trail court. I come to know from online court information system that appeal is filed in the session court - status : process to respondent; next date is 29/05/2015 and on that page the address of respondent/mine is wrong and I believe that I would not get the notice and memo of appeal from the court before the 29/05/2015
Rajendra K Goyal
(Expert) 06 May 2015
Better appear o the fixed date and prey for time to submit your reply as you have not received the notice.
ajay sethi
(Expert) 06 May 2015
agree with MR Goyal
SAINATH DEVALLA
(Expert) 06 May 2015
U need not panic about the matter.As U are aware of the next date better appear in person along with UR lawyer.In the sessions court the matter is between the appellant and respondent and the state.The appellant will certainly drag the proceedings at least for a period of 3 yrs for the arguments stage.Hence keep appearing during the further proceedings and just keep watching.
Hemant Agarwal
(Expert) 06 May 2015
1. In appellate courts (Session /HC) matters are heard on merits/documents brought before it in the form of original documents that were originally considered by the Trial court.
2. No new evidence is adjudicated before the appellate courts. Hence even if the
respondents do not appear before the appellate courts, it does not matter, since the respondents cannot put up any new prosecution points /arguments.
3. Conduct by Procedure before the Trial Court is very very important and should be concluded with proper valid exhibits and final cogent written arguments, based on which the Trial court finally considers and gives speaking orders.
4. Though not mandatory, In the matter instant the respondent may appear based on his own information about the appeal and there is no need to wait for receiving summon-notice from session court.
Keep Smiling .... Hemant Agarwal
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T. Kalaiselvan, Advocate
(Expert) 07 May 2015
You can ask your advocate to make an appearance before the court n the next date of hearing, file vakalat on your behalf. after that file counter to the memorandum of appeal.
