138 NI Act
Poonam Garg
(Querist) 18 November 2010
This query is : Resolved
I have lost a case in lower court for my client Under NI Act 138-the case has been decided as double the amount of the cheque with an imprisonment of one year.
I being aggrieved against the decision want to appeal against the decision of the lower court in the session court.
What are the provisions for such appeal, is it essential that I have to deposit any money for the appeal being accepted/entertained as per law. If yes what are the directives and if no than please advise how the same can be pleaded in the session court while hearing on the appeal, Would you please suggest any solid judgment that I can get justice for my client.
TO CLARIFY FURTHER:-
I have filed the appeal with the session court which has been only entered.
The session court has ordered to issue notices to the other party.
At the session court we have filed an application 389(1) for suspension of the term of the lower courts Judgment & it is at this stage the Session Judge has demanded an amount equivalent to 15% of the amount of cheque plus the amount of penalty imposed in the lower court. To be more specific the session Judge has kept the application 389(1) for argument and has said that the Jail term shall be suspended only if you are willing to deposit 15% of the amount ( Rs. 3 Lacs Ceque Amount + Rs 3 lacs penalty imposed by lower court) that makes the amount to Rs. 6,00,000, which means the session judge is ready to suspend the jail term if we deposit Rs 90000/- in Legal Aid otherwise not.
My Request to you:-
Is it Judicious that the session court which is also known as a trial court can demand such big amount for seeking justice ?
If not would you please guide me with certain Judgments and citations that I can convince the session judge legally not to insist and pass order.
My client is in a very poor state of financials and finding hard to survive on day to day basis.
The argument date on the application 389(1) is to-morrow the 19th of Nov 2010 - I request you to please advise urgently:-
My mail Id is:- kamalgargp@gmail.com
Hoping for your urgent favor.
M.Sheik Mohammed Ali
(Expert) 18 November 2010
when ever you apply the appeal in NI Act in session court, we must deposited some % of money in the court, and you can proved your client is not a accused person,
adv. rajeev ( rajoo )
(Expert) 18 November 2010
It is not necessary to deposit the some percentage of amount, be appeal amounts to challenge of the compensation amount
Poonam Garg
(Querist) 18 November 2010
I am very thankfull to one and all for the replies. I once again request you to please give me specific legal reply along with judgment and citations on the basis of which I can argue my case to success in the session court tomorrow morning. Please help with specifics.
Poonam Garg
DEFENSE ADVOCATE.-firmaction@g
(Expert) 19 November 2010
Mr Rajoo will you please give ref where it has happened.
People as a habit advise quash, High court.It is well laid down rule of procedure that you can not jump the steps.
Only in most exceptional cases where illegality is on face of record not evidence that only higher courts interefere.
In this case fine has to be paid before getting admission of appeal.
ashish lal
(Expert) 19 November 2010
As per section 29 CrPC a magistrate can only impose a maximum fine of Rs. 5000 therefore rest of the fine should be treated as compensation U/s 357 CrPC.
Arun Kumar Bhagat
(Expert) 27 November 2010
Poonam, Take my reply and follow:
1. Session Court is not trial court for N.I.Act. Note down. It is judicious(in your language)to ask the appellant to deposit a certain percentage with the trial court to suspend the sentence. This amount will not go to Legal Aid, Who told you? Law is equal for poor and rich. You shall have to deposit. Sorry, no one can help you.
