section 138
Querist :
Anonymous
(Querist) 03 April 2010
This query is : Resolved
I ma ben convicted by a lower court in mumbai and am planning to proceed for appeal. can i shift the case to south india since i reside there.moreover in the lower court in mumbai, its findinngs seems to be biased and dint mention anything which i produced to rebut the case.the complainnats cause was fake and i such i fear of some foul plays also. can anyone suggest me whether i can shift the case even thro supreme court
bhupender sharma
(Expert) 03 April 2010
yes u can approach the Hon'ble Supreme court for interstate transfer of the case before it.
Parveen Kr. Aggarwal
(Expert) 03 April 2010
No. You will have to file appeal against the Judgement before the appellate court at Mumbai. It is not the choice of a party to file his or her case anywhere. For transfer of case from court at one place to another, sound and sufficient reasons are to be given. The reasons mentioned by you in the query cannot form basis for transfer of appeal.
Kiran Kumar
(Expert) 04 April 2010
i agree with Parveen Kumar, it is not advisable at this stage to approach SC for transfer of matter moreover the facts stated by you do not invite any indulgence by SC.
better be ready for appeal and make out your case in appeal if the trial court is biased.
Querist :
Anonymous
(Querist) 04 April 2010
Thanks for the promptreply.There are some more queries i have which needs a help from you.
1.The said company which filed a NI case against me is a commodity firm in Mumbai.I am a procurer of hill produce in kerala and not aclient of them.I have given them all the quanties which we have confirmed over phone(no written communication).but I have given them some cheques to them.Though as per their and mine accounts they owe me 1.8 lacs.but they have incorporated some entries to the tune of 49 lacs as loss incurred for rate difference, carryover loss etc and claim for 45 lacs with the cheques of mine with them.They have produced some fake letters of me for the same. thogh the letter,its signature is primafacia fabricated,the court doesnt pay much attention to those things and rely on the cheques of minethey hold ,and passed order against me.Moreover the complainant doest know of the facts of our transaction and he reitrerates his ignorance many a times on his cross.but the court pay no importance to the same.Moreover the company appoints the said person to adduce evidenvce in this case thro a resolution signed by their Vice preisdent. they bring aphotocopy of the minutes passing a resolution signed by VP appointing the said person to ive evidence. It is on their letter head only , noit a photocopy of the minutes book.
The main reason for me feeling of afoul play is that , almost every advocate in the court was telling that my case is good but turned upside down. The advocate of the complainnat dint ask me much questions, hardly 5, though my adv. interogated the compalinnat well for which he dint aswer for 70 % questions properly and said he dint know much.
thats is why i feel shifting the case to Kerala
I request you to kindly guide me at the earliest.
