Appeal in 138 related

What are the facts? What is the context?

If the trial court convicts the accused under Section 138, the accused can file a Criminal Appeal before the Sessions Court requesting the appellate court to suspend the execution of the sentence (imprisonment/fine) and grant bail pending the disposal of the appeal, setting aside the trial court's judgment and seeking a complete acquittal on legal or factual grounds or modification or reduction of the quantum of imprisonment or the fine/compensation amount awarded by the magistrate. Under Section 148 of the NI Act, the appellate court usually mandates depositing a minimum of 20% of the fine or compensation awarded by the trial court as a condition to grant stay/suspension of sentence. The accused can pray for waiver or lower deposit terms by demonstrating exceptional hardship. 

Under Indian criminal procedure, an appellate court hearing an appeal filed solely by the accused cannot enhance (increase) the sentence or fine merely upon a counter-request or response filed by the complainant. If the complainant wants the appellate court to increase the sentence or the compensation amount, an Independent Appeal for Enhancement / Compensation. 

When the complainant files a separate appeal or revision for enhancement, the appellate court is required to give the accused a fair opportunity to show cause against the proposed enhancement before passing any order.

What is the judgment /award and your concern for proper appreciation of facts, which has been presumed by above learned experts and obliged.

Being general in nature, advise of the above experts may or may not be fitting to your case.

All Respcted forum members,

Thank you very much for your valuable advice. 

It will be helpful for me to go further in appeal.

Thanks a lot again.

You are welcome for your appreciations