Discharge aplication is rejected

shrenik (Querist) 29 November 2014 This query is : Resolved
Hello sir

My discharge aplication is rejected in lower court

What should i do now ?
Appeal in sesion court or
Go to high court for quashing

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venkatesh Rao (Expert) 29 November 2014
Too few facts for reply.

shrenik (Querist) 30 November 2014
The case details are as under

I m accused no 2

Fir is lodged against acused no 1
Complainent said that acused no 1 took computers on rent from him and then he did not return the computers

And said computers are told to sold to acused no 2

Now

Their is no evidence against acused no 2

No computers recovered
Our name is nt in fir
No evidence of any thing sold to us
And more over its in writing by acused no 1 that he doesnt know to whom he has sold the computers

Now the publix prosicutor said that in panchnama whixh was done at our ofice the panch said that acused no 2 said we have taken computer and sold to various customers

Now how can a punchnama a punch can come to know in 10 minutes we have sold computers to others

And also we have never said that we have taken any computers

Pls sugest us what can we do

Guest (Expert) 30 November 2014
Consult a Local Good Criminal Side Advocate.What were the Statements of Accused No;1 Whether the Accused 1 is known to you in any way.Where were you and with whom you were Present at the time of Offence and so called Transactions with you by Accused 1.If Neccessary apply for Anticipatory Bail.

shrenik (Querist) 30 November 2014
No sir acused no 1 is not know to us

We dnt know him

At the time of offece we were nt present

There are no proof of any trasaction with acused no 1

Guest (Expert) 30 November 2014
Then the Case seems to be manipulated.Immediately get in touch with a good criminal side advocate of your place.

Rajendra K Goyal (Expert) 30 November 2014
Quashing would be allowed is doubtful discharge application already rejected. Defend the case on merits.

shrenik (Querist) 30 November 2014
Hello rajendra sir

We can go to session courts for apeal ???

ajay sethi (Expert) 30 November 2014
what were the grounds for rejection of your discharge application ? when you raise a query you must always mention reasons given by court for rejecting your discharge application . best option for you is to contest case on merits before trial court

shrenik (Querist) 30 November 2014
ground was only that the panchnama which was done at our office in that
panch has said that acused no 2 had bought the computers and sold to others and acused no 2 does nt know to whom they sold the computers

ajay sethi (Expert) 30 November 2014
it is complainant case that computers were taken on rent by accused no 1 and solt to accused no 2 . further panch has stated that accused no 2 had bought the computers .

it is your case that you never bought the computers . it has to be established in trial whether any computers were in fact purchased by you . better contest case on merits before trial court

shrenik (Querist) 30 November 2014
we thinking for going to revision to sesion and then to high court

Devajyoti Barman (Expert) 30 November 2014
agree with experts.

T. Kalaiselvan, Advocate (Expert) 03 December 2014
You have been given proper advise, despite that if you are adamant to go for appeal/revision, it is your problem, you should not have approached this place for advise at all if you know what is to be done.

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