NI ACT U/S 138

Sandeep Deshmukh (Querist) 30 April 2016 This query is : Resolved
Hi All,
I had filed a complaint u/s 138 of NI Act. Accused convicted for the same but trial Court awarded minimum sentence and compensation. I want to prefer appeal for enhancement of sentence and compensation. Please advice me in which Court I can file appeal and under which section. Thanks

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Ajay Bansal (Expert) 30 April 2016
You can file this appeal in High Court only.

P. Venu (Expert) 30 April 2016
Is your grievance/ dissatisfaction is against sentence or compensation or both.

Rajendra K Goyal (Expert) 30 April 2016
In the given facts, if not satisfied, may prefer appeal.

Sandeep Deshmukh (Querist) 30 April 2016
Hi All,
I want to prefer appeal for both enhancement i.e. sentence and compensation. Can I prefer appeal u/s 372 of crpc? But some rulings says that complainant in NI act doesn't come in the definition of "victim".
Please suggest

T. Kalaiselvan, Advocate (Expert) 01 May 2016
You can very well prefer an appeal against the judgment if you are not satisfied with the same before the sessions court.

Advocate Bhartesh goyal (Expert) 01 May 2016
Yes session court has jurisdiction to hear the appeal.

Sandeep Deshmukh (Querist) 01 May 2016
Thanks a lot for the help

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