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Varun Kumar   10 December 2021

138 B check dishonour case

Hello Experts,

My query is about check dishonour 138 B. Actually we had filed a case on a person about 138 B in 2013 and as per court judgement we WON the case now. But now accused goes on upper court and does appeales against the case.
So my query is about concerned.
1) What should we do now ?

2) Should we hire a new lawyer again or our earlier lawyer can be continue ?

3) Since accused appealed now regarding concern case, so is there any issue for me about my Visa Processing ?

Please share your valuable thoughts.

Thanks and regards,
Varun


Learning

 6 Replies

Anaita Vas   10 December 2021

1) You can wait and see what the petition is about and if it is rational.

2) In many cases, it can be beneficial to have a new lawyer take a look at your case. While your trial lawyer may have been focused on narrowing down the issues in order to build a cohesive defense, identifying your grounds for appeal requires a broader perspective. However, you can also stick to your earlier lawyer.

3) Yes, an ongoing case may affect your visa process. However, a refusal, or ineligibility, under section 214(b) is for that specific application, so once a case is closed, the consular section cannot take any further action. There is no appeal process.

 

Regards,

Anaita Vas

Varun Kumar   11 December 2021

Thank you Mam.
pQ

P. Venu (Advocate)     11 December 2021

Ms. Anaita Vas,

Kindly enlighen us of the legal elments invoved in your below mentioned suggestion.

"3) Yes, an ongoing case may affect your visa process. However, a refusal, or ineligibility, under section 214(b) is for that specific application, so once a case is closed, the consular section cannot take any further action. There is no appeal process."  
 


 

Varun Kumar   11 December 2021

Can really ongoing case (138 B) affect on Visa Processing ?

Dr J C Vashista (Advocate)     12 December 2021

1) What should we do now ?

Contest the appeal through your lawyer.

2) Should we hire a new lawyer again or our earlier lawyer can be continue ?

It is better to continue earlier lawyer, if you have not lost your faith in him/ her.

3) Since accused appealed now regarding concern case, so is there any issue for me about my Visa Processing ?

What is the relevancy of this case with Visa processing ?
 

1 Like

Varun Kumar   12 December 2021

3) There is no any relevancy of this case. But as per record if visa officer take objection that already case is going on and with this reason if they refuse my visa ?

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