138 act
jayaprakasha
(Querist) 17 January 2015
This query is : Resolved
Sir
I have filled cheque bounce case against who has to pay me the money, case went 2years in court and finally in judgment he was acquitted, I am surprised that the reason made was, he given the cheque for surety only, so he no need to pay for that particular cheque.
on this judgment can i go appeal..? and if possible which court.?
DEFENSE ADVOCATE.-firmaction@g
(Expert) 18 January 2015
Cheque law and its trial procedure is in favor of the complainant from day one. But still cases are lost due to ineptness of the complainant.
Even on the first day on the basis of plea of the accused the case can be won by the complainant since due to carelessness of the accused and over confidence of his / her advocate basic admission of guilt is given in the plea itself.
Being a defense advocate we do not allow plea and 313 statement of the accused without word by word tutoring and planning.
Cases are not won BY the accused but lost by the complainant.
I travel all over the country for cheque cases and where ever cases I have handled every where I have found big names long practice but lousy day to day handling of the case from complainant side. So we win all the cases without exception.
In your case there are few earlier judgments of SECURITY CHEQUE concept which have been overruled many many times.
Now since the case has gone against you so you will have to go to HIGH COURT where an expert advocate will be needed not also run type.
If you can muster stamina an expanses FIGHT YOU WILL WIN.
ajay sethi
(Expert) 18 January 2015
you have no option but to file appeal against order of acquital
jayaprakasha
(Querist) 18 January 2015
Dear All
Thank you for your valuable Feedback..
I found some light Ray...
Thank you all once again...
JP.
T. Kalaiselvan, Advocate
(Expert) 20 January 2015
Yes, you can prefer an appeal against the judgement before the high court.
Advocate Kappil Cchandna
(Expert) 18 January 2015
