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(Guest)

138 NIA APPEAL

Learned Advocates, 
(this is actually a repeated query as earlier i didn't got a answer for the same) 

One of my friend was a accused in 138 case where he had given 10 cheques each of Rs 100000, 

The complainant had filed 10 complaints in trail court and all were in the same Magistrate's court 

Now he recently got convicted by the order of trial court in all the 10 cases. 
The sentence is for 1 year in each case plus cheque amount, and if not paid then additional 4 months 

Accused is not in a position to pay the amount of cheques 

Now if we want to appeal in District court then do we have to file 10 appeals or we can combine all in one, if yes then under what section?? 


What should be our prayer.... To reduce the sentence or to set aside the order......CAN WE WRITE BOTH? IF YES THEN UNDER WHAT SECTION? 

Thanks in advance


 3 Replies

Ambanshu Sahni   20 March 2018

You should ideally challenge the order in the appeal, since the its a common order single appeal can be filed against it. Secondly the prayer should be to set aside conviction,  lesser sentence bit, can be avoided.

Warmly

Ambanshu Sahni

Advocate,

Supreme Court of India

7291090489

2 Like

(Guest)
Under what section sir can a single appeal be filed in such circumstances??
3 Like

KISHAN DUTT RETD JUDGE (RETIRED JUDICIAL OFFICER)     21 March 2018

Dear Sir/Madam,

Since your case is complicated case as such I require documents and same may be send to my email/PM (personal mail) for detailed legal advise.

 

With regards,

Legal Expert


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