Appeal against aquittal in ni 138 case

This query is : Resolved 

22 January 2020

Accused got aquited in trial court in cheque case. Complainant file appeal in HIGH COURT.

The trial court judgments is on some trival issues and earlier citations which may not sustain in HICH COURT.

However there are some other issues like illegality of documents and evidence which the accused did not raise in trial court- whether he can do it now.

SHIRISH PAWAR, 7738990900 (Expert)
22 January 2020

Dear sir,

You cannot raise issues in appeal which you failed to raise before trial court. For further advice the appeal and other documents needs to be scrutinised you may share it here so that experts may advice you.


N.K.Assumi (Expert)
22 January 2020

The High Court is the final Court of fact and it is even difficult to admit SLP in SC from the fact finding of the High Court except on very frew limited grounds. As the final court of fact the High Court possess 5 magnificent powers in hearing appeal from the lower court either on acquittal or from convictions, and in exercise of these powers the High Court can reappraise evidence both on fact and law, oral and documents etc;and independently come to its own conclusion from that of the Trial court. Accordingly, as stated by Sir.Shirish Pawar, you are welcome to share the grounds on which you intend to challenge the impugned judgment and order of the trial court..

Vinod shah (Querist)
23 January 2020

Thanks for studied response experts.

My problem is entirely strange. I am for accused. acquitted by trial court. Complainant filed appeal in HIGH COURT.

Trial court judgement is ONE= cheque was stolen and TWO the complainant did not have financial capacity.

Now there are issues such as illegalities of documents which accused did not raise in trial court. Can he raise here while opposing the appeal.

P. Venu (Expert)
23 January 2020

Was your defence based on "real facts" or mere technicalities?

Dr J C Vashista (Expert)
24 January 2020

Whether you are representing complainant (revisionist) or accused (respondent) before High court?
It is advisable to consult a local prudent senior for better appreciation of facts and guidance.

Vinod shah (Querist)
24 January 2020

I am for the accused before HIGH COURT.

Defense at trial court was on technicalities only.

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