SLP(Special leave petion), Criminal, Before Supreme Court.
Roopin
(Querist) 13 February 2011
This query is : Resolved
Hello Sir,
A SLP is filed against the orders of high court, by supressing the material fact of petioner's status which has changed during the pendency of trial under section 138 of NI Act, the fact was also supressed from high court, is SLP maintainable?
The facts here refers to a complaint filed under section 138 of NI Act before the trial court which is dismissed for non joinder of necessary parties and legally enforceable debt, which is challenged in high court by criminal appeal. During the pendency of the case before the trial court, the propriter concern was converted into a private limited company and this fact was supressed by the complainant, both before trial court and the high court and the same suppression is continued before the apex court, hence my question, is the SLP maintainable before the apex court?
This fact has come to the knowledge of the accused very recently, hence this fact if brought before the apex court, is the SLP maintainable?
Thank you.
Advocate. Arunagiri
(Expert) 13 February 2011
What do you mean by the status of the petitioner? do you mean marital status or any thing else.
If the marital status is suppressed it will not affect the SLP.
Kiran Kumar
(Expert) 13 February 2011
mention the clear facts.
its 138 NI matter, I think it is not just marital status which is in question :)
anyhow, explain the facts here.
Kirti Kar Tripathi
(Expert) 13 February 2011
Unless facts are not known, no reply is possible. Please explain the facts.
Roopin
(Querist) 14 February 2011
Hello Sir,
My exact query goes this way,
A SLP is filed against the orders of high court, by supressing the material fact of petioner's status which has changed during the pendency of trial under section 138 of NI Act, the fact was also supressed from high court, is SLP maintainable?
The facts here refers to a complaint filed under section 138 of NI Act before the trial court which is dismissed for non joinder of necessary parties and legally enforceable debt, which is challenged in high court by criminal appeal. During the pendency of the case before the trial court, the propriter concern was converted into a private limited company and this fact was supressed by the complainant, both before trial court and the high court and the same suppression is continued before the apex court, hence my question, is the SLP maintainable before the apex court?
This fact has come to the knowledge of the accused very recently, hence this fact if brought before the apex court, is the SLP maintainable?
Please help.
Thank you.
