Appeal in session court against conviction u/s 138

This query is : Resolved 

16 September 2019

Respected sir,
I have been convicted in sec 138 case and penalized with double the cheque amount and one year simple imprisonment. I have filed an appeal against judgement in session court who has ordered me to deposit 20% of penalty amount for the appeal to be heard. I am unable to arrange it. Hence, the session court has cancelled my Bail and issued NBW. I am left with no means to arrange the required funds. Am I left with any legal option to have my appeal heard or should I surrender and go to jail. My appeal has enough merit for acquittal, so says my learned counsel. I was denied opportunity to present my defense evidence by the trial court on ground of being not present for a month during which it closed the opportunity for me to lead my evidence, and order of conviction was passed.

Isaac Gabriel (Expert)
17 September 2019

You have engaged council and abide by his advise, since any decision could be made after seeing the court orders.

P. Venu (Expert)
17 September 2019

It is not mandatory that the interim compensation be directed to paid. The court can relax. You may address the court showing sufficient cause.

You also have the option of approaching the High Court under Section 482 CrPC. Of course, that involve additional expenses.

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