311 application rejected by trial court

SAMI FAROOQ (Owner) 06 January 2019

Sir

I know my lawyer fooled me. What I want to know is how to appeal that order of rejecting my 311 application. Which court should I approach and how much time would it take to get an rder from the higher court.

R Trivedi (advocate.dma@gmail.com) 06 January 2019

It appears that due to your negligence or illness, you must have lost even the last opportunity given to you for cross, but don't worry. File revision with session court, you will succeed. And also parallely pl move an application under S.145 of the NI Act. The application under S.145 cannot be dismissed by magistrate.

R Trivedi (advocate.dma@gmail.com) 06 January 2019

It appears that due to your negligence or illness, you must have lost even the last opportunity given to you for cross, but don't worry. File revision with session court, you will succeed. And also parallely pl move an application under S.145 of the NI Act. The application under S.145 cannot be dismissed by magistrate.

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SAMI FAROOQ (Owner) 06 January 2019

Thank you R Trivedi Sir.

The problem is that I was in hospital for 8 days and due to that there was no communication with my lawyer.

Wgat is S145 application? I have appointed a new lawyer but he says we should challenge in sessions court after judgement only.

R Trivedi (advocate.dma@gmail.com) 06 January 2019

S.145(2) of NI Act gives accused a right to cross examine the complainant. Pl file revision in sessions and also file application under S.145 for cross examination of complainant. Hire a decent lawyer, the onus of presumption is heavily against you, so ordinary lawyer may get you into problem.

R Trivedi (advocate.dma@gmail.com) 06 January 2019

S.145(2) of NI Act gives accused a right to cross examine the complainant. Pl file revision in sessions and also file application under S.145 for cross examination of complainant. Hire a decent lawyer, the onus of presumption is heavily against you, so ordinary lawyer may get you into problem.

Dr J C Vashista (Advocate) 07 January 2019

What is your locus standie / concern to the complaint ? Whether you are complainant or accused or counsel for either of the parties?

If your lawyer did not cross-examine the witness (in one date, as stated by you) no court shall close evidence but will definetly give an opportunity and adjourn the case, if someone has represented / requested for you.

Besides this, the Court shall not dismiss application u/s 311 Cr PC in such cicumstances as stated by you.

Unbelievable fabricated story.

Prima facie it is an academic exercise.