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ashok kumar (Social Worker)     08 June 2016

Appellate proceedings in 138 nia

1.In an appeal against conviction u/s 138 NIA, in ADJ Court the accused files an application giving wrong facts? Does it constitute a contempt? If not what action can be taken?? 2. In an appeal against conviction u/s 138 NIA, the case is reserved for orders. The accused files an application for one opportunity for argument. The court gives a date for argument. Instead of arguing the accused files an application for filing additional documents. Was it not the duty of the court not to accept his application for addl documents and insist the appellant to argue for which the case was posted. The appellant has already been given 30 dates! This kind of proceedings betray the confidence of victim, the complainant. What is the remedy if the court itself does not insist upon the appellant to argue and keeps on giving date after date? 3. If the respondent/complainant files an application with the Court reminding the court to exercise the discretion vested with it by law and conduct the proceedings instead of giving date after date, does it amount to contempt??



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 6 Replies

G.L.N. Prasad (Retired employee.)     09 June 2016

I still wonder, why members always post doubts/queries, when they have engaged counsels, paid them, interact with them.

Is some thing wrong with credentials of the professionals ?

(I am not commenting on this post, as member is a social worker and might want this to help a common and innocent man though Sec.138 Nia do not suggest such innocence)

drrakesh   09 June 2016

I have filed 5 cases of 138 (cheque bounce) with relevant evidence From last 1year in bhopal court But court is not giving judgement

drrakesh   09 June 2016

I have filed 5 cases of 138 (cheque bounce) with relevant evidence From last 1year in bhopal court But court is not giving judgement What should I do

drrakesh   09 June 2016

I have filed 5 cases of 138 (cheque bounce) with relevant evidence From last 1year in bhopal court But court is not giving judgement What should I do

drrakesh   09 June 2016

I have filed 5 cases of 138 (cheque bounce) with relevant evidence From last 1year in bhopal court But court is not giving judgement What should I do

Narendra Malik (advocate)     09 June 2016

File petition u/s 482 CrPc in High Court

482.    Saving of inherent power of High Court. -Nothing in this Code shall be deemed to limit or affect the inherent powers of the High Court to make such orders as may be necessary to give effect to any order this Code, or to prevent abuse of the process of any court or otherwise to secure the ends of justice.


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