Remand back/retrial of case

DAMYANTI B. GAIKWAD (Querist) 05 July 2013 This query is : Resolved
Hello,
I did not get any reply from your side.so again i am putting this query before you.
PLEASE HELP.
I have a Appeal case u/s 138 Of NI Act. i got the case for appellant/accused in appeal level. i am the third one advocate in the said appeal. earlier advocate for accused in lower court did not use the valuable time to prove the case and did not guide the accused properly. i want to remand back the case for further evidence u/s 311 of crpc. due to lapse of time and improper guidance of earlier adv. opportunities were missed to prove the alleged power of attorney allegedly given by the accused. so i cant prove the debt is time barred debt. i want to prove it by calling upon the witnesses who were concerned with it.
WILL MY APPLICATION BE ENTERTAINED BY THE COURT UNDER SECTION 386 (b)(i),and WILL IT BE REMANDED BACK? Please help for citation of retrial/remand back for further evidence in 138 matter.
Thanks.

Follow Query

Report Abuse

Raj Kumar Makkad (Expert) 05 July 2013
It depends upon the court to accept or not but you have no other opportunity but to move such application. I suggest to move both applications viz. under section 311 of criminal procedure code as well as under section 386 (b) (i) so that court may have to pass the order thereon. You may go to high court if your applications are dismissed.

DAMYANTI B. GAIKWAD (Querist) 05 July 2013
thanks, sir for ur suggestion. i have made only one application by citing both the sections and prayed for the same. bt it's upto the court as court asked that y did u move such application at the time of final argument?
Sir, please help me out for citation of the relevant situation for remand back.