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Rakesh Boini (Bussiness)     28 September 2010

Cheque "postphone Date"

Good evng my dear Lawyers..

hi thes is Rakesh i have filed one cheque bounce case related to U/S 138 section and we had got judgment in favour of  us. the accused in thes case allmost he came for compromise in giving the amount but all of a sudden he challenged in upper court  now the problem is the honour of judge gave long Date 7 mths  prolonged , now  the accused is taking advantage of thes Prolong Date.

                                        now the question is "do we have any chance to appeal in court for a near date" in place of 7months do we have any chance plz... need guideance.Thanks for the needful Guidence.



Learning

 9 Replies

Gurditt Singh Saini (Lawer/Advocate)     29 September 2010

Dear,

There is provision to pre pone the date, in these circumstances you can move an pre-ponement in the court where appeal is pending. The court after considering your grounds, can pre pone the appeal to some short date.

Gurditt Singh Saini

Advocate, Chandigarh

  

DEFENSE ADVOCATE.-firmaction@g (POWER OF DEFENSE IS IMMENSE )     29 September 2010

And how you are sure you will win in the appeal. There are always two sides of same story., and other side has full right to exploit it.

Rakesh Boini (Bussiness)     29 September 2010

good evnd shashidhar Sir.

 I respect ur words Mr. Shashidhar but in thes case we have full evidence some thing like Handloan Receipt with stamp( Thumb impression) of accused and the main evidence is Cheque Bounce which has insufficent Funds and by thes cross examination of Three Years in Andra Pradesh District Court The Honour of  the court  had gave judgement with compensation and as well as panishment of 6mths prison in jail.. and main thing,  thes all are true and Fare Because thes all happend with me .

   Sincere Thanks. Rakesh

Rakesh Boini (Bussiness)     29 September 2010

sorry   sorry shashikumar sir...

shrikant chede (law officer)     06 October 2010

 Dear rakesh Dont mess with mr shashikumat

DEFENSE ADVOCATE.-firmaction@g (POWER OF DEFENSE IS IMMENSE )     06 October 2010

Thank you Mr Shrikant for your remark., such visgilance is necessary than only we can have change of views on healthy platform.

This site is for discussion on legal points and merit so that  its utility is mainantined

 

I request other members also to be vigilant for harsh and abrasive remarks personally by some people instead of talking about merits or legal provisions.

DEEPAK ASSOCIATES (08010117611)     07 October 2010

i agree with mr gurdutt saini. The court may prepond the hearing upon an application having good ground

Goutam (Student)     09 October 2010

Dear Gurditt singh,
                                Hi, how r u.. You have given the advice in a query relating to Sec.138 of N.I Act. In which u have described the provision of  pre pone date. and gives the idea to move an pre-ponement in the court.Its a very good advice.

 Let me know under which Act the  provision relating to PRE-PONEMENT is mentioned.

Rakesh Boini (Bussiness)     13 October 2010

hi Guruditt singh,

                                           could i know the process under which Act the provision relating to Pre_Ponement Date


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