138 Appeal and Revision simultaneously maintainable


Learned advocates,

Appeal for acquittal is filed by accused in sessions court (138 NIA)

After 10 days

Revision is filed by complainant for extension of punishment to accused in sessions court

Are both of them simultaneously maintainable in sessions court???

 
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their is no bar as such both can be filled simultaneously
 
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It's an exercise for the complainant in wasting his energy, money and time to file revision for the enhancement of punishment to the accused, if the accused has filed the simultaneous appeal against his conviction, because the complainant/his lawyer would be available to assist the PP during the hearing of the said appeal of the accused. I still apprehend that if the complainant would disclose in his revision application that the accused has also filed the appeal simultaneously against his conviction, then probably his revision wouldn't be entertained.
 
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An excellent typical query. 

I'm too ignorant to reply.

I request other Mrmbers to throw some light on the query.

Can the cases be clubbed?

 
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TGK Reddi, good idea. So why not you take the lead in throwing not only light but flood light on this typical query. BTW, first of all please explain that how appeal by the convict to acquit him and revision by the victim for enhancing the punishment of the convict, in one case only, is clubbing of cases. But, please do not come up with parrotting that it was typographical error, the common menace these days.
 
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Shri Om Prakash Dear Sir Is it necessary for a wise man to insult an ignorant man?
 
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That foolish thing I will never do. You deserve to be respected by me always, and I mean no offense towards you. Please accept my unconditional apology with the request that since you have viewed this as clubbed case, then you must explain the reason also.
 
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Learned advocates.... Thank you for your suggestions.........

Accused got convicted.... 6 months simple imprisonment and Rs. 95000 compensation to complainant (cheque amount was Rs. 190000)

Hence we have decided to go for revision.... Meanwhile accused will also file appeal for acquittal

Will Revision be maintainable after appeal by accused ???
 
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I am yet wandering as to why, and where would you file revision. Is it for enhancement of simple imprisonment to the convict? Or the monetary relief to the tune of your principal amount plus the statutory interest from the convict? Because you would be paid half of your amount which is 95000/- only. If so then file appeal in Sessions court for both. Let convict do his own bidding. Probably both the appeals (yours and convict's) would be heard together.
 
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