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salila (student)     13 February 2016

Cheque

sir

     in a cheque case, the plaintiff could prove the money given .on the basis of signed cheque ,the court sentnced jail in sec 420 ipc. now what is recourse to accused -who has been not heard well .

can supreme court order enquiry in such cases, as appeal in high court would take several years to decide.



Learning

 6 Replies

Suneet Gupta (www.vashiadvocates.com)     13 February 2016

You want to bypass the HC and directly go to the SC. Great and best of luck.:-)

adv.raghavan (Advocate,9444674980)     14 February 2016

The accused can escalate the matter to Sessions court, that he was not given due trial , but  approaching high court and supreme court is not advisable and futile exercise.

salila (student)     14 February 2016

judgement is from session court.it was advised that appeal would take time more than A HALF DECADE.THANKS

Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer)     16 February 2016

If you appeal to upper court you can get suspension of the jail sentence until the case is decided by the higher court.

salila (student)     18 February 2016

Rightly sir,like the suspension of punishmentCRPC389  -the decision would also remain Pending during long process of appeal in H C.hence an accused who is really innocent would have to face A decade to prove him innocent.

Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer)     19 February 2016

Do you mean to say that the higher court will take a decade even to decide whether the jail term verdict should remain suspended or not? No please. Things are not that bad still in India.


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