Poonam Garg
18 November 2010 at 13:54
I have lost a case in lower court for my client Under NI Act 138-the case has been decided as double the amount of the cheque with an imprisonment of one year.
I being aggrieved against the decision want to appeal against the decision of the lower court in the session court.
What are the provisions for such appeal, is it essential that I have to deposit any money for the appeal being accepted/entertained as per law. If yes what are the directives and if no than please advise how the same can be pleaded in the session court while hearing on the appeal, Would you please suggest any solid judgment that I can get justice for my client.
TO CLARIFY FURTHER:-
I have filed the appeal with the session court which has been only entered.
The session court has ordered to issue notices to the other party.
At the session court we have filed an application 389(1) for suspension of the term of the lower courts Judgment & it is at this stage the Session Judge has demanded an amount equivalent to 15% of the amount of cheque plus the amount of penalty imposed in the lower court. To be more specific the session Judge has kept the application 389(1) for argument and has said that the Jail term shall be suspended only if you are willing to deposit 15% of the amount ( Rs. 3 Lacs Ceque Amount + Rs 3 lacs penalty imposed by lower court) that makes the amount to Rs. 6,00,000, which means the session judge is ready to suspend the jail term if we deposit Rs 90000/- in Legal Aid otherwise not.
My Request to you:-
Is it Judicious that the session court which is also known as a trial court can demand such big amount for seeking justice ?
If not would you please guide me with certain Judgments and citations that I can convince the session judge legally not to insist and pass order.
My client is in a very poor state of financials and finding hard to survive on day to day basis.
The argument date on the application 389(1) is to-morrow the 19th of Nov 2010 - I request you to please advise urgently:-
My mail Id is:- kamalgargp@gmail.com
Hoping for your urgent favor.
Pavan Kumar Annabathuni
18 November 2010 at 01:01
There is always a doubt to me whether in a criminal case while filing a bail application or an anticipatory bail application whether it is memo of appearence or vakalat that needs to be filed along with the concerned bail application. In the lower courts it is the memo of appearence that needs to be filed and some of our advocates feel that it is vakalat that needs to be filed. When refering to the Sec.303(3)cr.p.c. I think I am correct. Is there any suggestion or advice to me in this regard?
Anonymous
17 November 2010 at 21:48
In criminal courts we are well aware that many corrupt judges accept bribe to release accuse. Here I come in contact with some judges especially in Osmanabad Distract and Aurangabad High Court who are rejecting bail of innocent persons by accepting bribe or rejecting bail only because they were not offered money. One person told me that by this conduct judges ensure that they are not inclined to pass bail in every case.
I want to make complaint against these judges specially one High Court Judge who is involved in the same kind of matter.
What should I do? Plz guide me, or suggest me some names who re fighting against corruption in judiciary.
Sumir
17 November 2010 at 21:46
well this is not exactly a query to be tabled at this platform, but then too...
I being a student of Grant Medical College, Sir JJ Group of Hospitals, Byculla, Mumbai-08, want to know all possible means by which the above body gets money(grants), and any substances/materials/items/things.
[don't say use RTI, since the body will not reveal all its sources, but answer the query from legal knowledge and experience- of from which all sources does a govt body (the above body is of maharashtra) that too a hospital and college get money(grants), and any substances/materials/items/things
Sanjay Ghatak
17 November 2010 at 12:01
Learned Lawyers,
can any information be sought from any govt office under RTI Act about a case which is -
- being investigated/referred to CBI
- being under subjudice of any court of law
Anonymous
17 November 2010 at 10:51
Learned experts,
I am junour advocate deffending the accused in a chq. bounced case. I haveraised a point that the Hon'ble court has no jurisdiction at a place only because lawyer had sent a notice to the accused located at different place, cheque presented at different place, bounce at different place. The defence is taken based on a Supreme Court case pertaining to Herman Electronics V/s National Panasonic Cr. Appeal No. 2021 of 2008
The Hon'ble JMFC is convinced that point of non jurrisdiction is correct but he said that he can not dismiss the case as the court had aready taken the cognizance and the only alternative is to make appeal against the order passed by the Hon;ble court.
I request the leraned forum to advice me if there is any psecific provison in a sommons case that thesame court can dismiss the case on the ground of non jurisdiction even after the cognisance is already taken. If any SC decision/citation that will be helpful and i need not go for appeal against order. The evidence of the complainant is not yet filed and recorded.
Thanks
Anonymous
17 November 2010 at 08:43
Upon which Act an aggrieved Journists can approach court?
Anonymous
17 November 2010 at 08:35
There is a stay in CrlOP filed to quash DV proceedings.I have to vacate stay.I have filed counter and petition to vacate stay. Filing section directed me to file separate affidavit for petition to vacate stay. whether Advocate can file a memo to treat the counter Affidavit as Affidavit to the petition ? Thank you
Anonymous
17 November 2010 at 00:44
Dear sir,
We have taken a from Kotak Mahindra Bank of Rs. 2 lacs. I have given them 60K till date. They have sended a Court Summon one of Bangalore Court for 138NI act.
My question is can they send summon form other city? Because my office & residence is in Kolkata, and I have taken loan from kotak, kolkata office?
Second thing is in that summon No complinent's name is included or any complient copy is attached. I thindk it's a doubtfull summon. How a court can send this kind of summon? I have not received any cheque bounce notice which is mandatory for cheque bounce case.
So Pls guide me for proper step.
Chandan Das
Kolkata
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crpc 249 or 256 + 498a of ipc
249. Absence of complainant.
When the proceedings have been instituted upon complaint and any day fixed for the hearing of the case, the complainant is absent and the offence lawfullly cmpounded or is not a cognizable offence, the Magistrate may in his discretion, notwithstanding anything herein before contained, at any time before the time has been framed, discharge the accused.
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256. Non-appearance or death of complainant.
(1) If the summons has been issued on complaint and on the day appointed for the appearance of the accused, or any day subsequent thereto to which the hearing may be adjourned, the complainant does not appear, the Magistrate shall notwithstanding anything hereinbefore contained, acquit the accused unless for some reason he thinks it proper to adjourn the hearing of the case to some other day:
Provided that where the complainant is represented by a pleader or by the officer conducting the prosecution or where the Magistrate is of opinion that the personal attendance of the complainant is not necessary, the Magistrate may dispense with his attendance and proceed with the case.
(2) The provisions of sub-section (1) shall, so far as may be, apply also to cases where the non-appearance of the complainant is due to his death.
wife filed totally false complaint 498a her 6 relatives are her witness but no body is attending before the magistrate of trial court. case is on evidence more than half year now-
can i give the prayer to court to dismiss the case? as the parties not interested to the process of court.