ashok kumar (Social Worker) 24 December 2014
Appeal for Enhancement of Sentence NIA
Where does the appeal for enhancement of sentence by the complainant lie in case of order in a NIA 138 Case awarded by a trial Court which the complainant feels is not sufficient enough?
Can the complainant argue for enhancement of the sentence before the appellate Court to which the appeal against the order of conviction has been preferred by the accused or a separate appeal for enhancement has to be filed by the complainant?
T. Kalaiselvan, Advocate (Advocate) 27 December 2014
If the maximum punishment prescribed in the provision of the act has been awarded, the complainant has no grounds for appeal, it will not be entertained on this grounds. Further, the discretion of the judicial officer in awarding punishment in NI Act cannot be questioned, the appeal preferred, if any may not sustain. The appeal lies before the high court only.
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