Criminal Trident Pack: IPC, CrPC and IEA by Sr. Adv. G.S Shukla and Adv. Raghav Arora
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Balaji Bakthavathsal (+919444448455)     25 December 2020

Execution of court judgment

In a cheque fraud case, the accused was awarded one year simple imprisonment for not attending the court after the trial and a sum of Rs. 2,75,000/- as compensation to the complainant. The accused appealed to the next appellate court against the order of the trial court. Though the complaint who was made as respondent in the appeal suit did not appear, the appellate court confirmed the trial court judgment and directed the trial court  to proceed with its judgment and take necessary steps. However, the accused is roaming scot free and it is not known how she is evading the arrest ?

Some say that she would have got bail and would have gone for 2nd appeal. I searched in the District Court as well as High Court pending/disposed cases against the accused but there is none. So the question of second appeal is ruled out.  If one could seek bail to evade arrest then why should the court impose such a punishment ?  

The other possibility is that the complainant would not have followed up due to frustration of too much time taken by the court / physical disablement / death. Once the judgment is delivered, then  why it is necessary to file  EP in the court  for the execution of its order ? It is not only utter waste of litigant’s time and money but also of the honourable court too.

The one year simple imprisonment was awarded to the accused considering her non-appearance to the court as contempt of court procedure.  If the complainant got back his/her money back and did not bother about the sentence awarded to the accused for the contempt, can it be overlooked by the court ? What a shameful judicial system we are having ?



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 3 Replies

Pradipta Nath (Advocate)     25 December 2020

You need to file execution petition for the people who takes just a grant on the order! As the Courts cannot act unless attention is drawn. 

P. Venu (Advocate)     27 December 2020

What do you mean by a cheque fraud case? The facts posted are less than convincing.

Dr J C Vashista (Advocate)     28 December 2020

Originally posted by : Balaji Bakthavathsal
In a cheque fraud case, the accused was awarded one year simple imprisonment for not attending the court after the trial and a sum of Rs. 2,75,000/- as compensation to the complainant. The accused appealed to the next appellate court against the order of the trial court. Though the complaint who was made as respondent in the appeal suit did not appear, the appellate court confirmed the trial court judgment and directed the trial court  to proceed with its judgment and take necessary steps. However, the accused is roaming scot free and it is not known how she is evading the arrest ?

Some say that she would have got bail and would have gone for 2nd appeal. I searched in the District Court as well as High Court pending/disposed cases against the accused but there is none. So the question of second appeal is ruled out.  If one could seek bail to evade arrest then why should the court impose such a punishment ?  

The other possibility is that the complainant would not have followed up due to frustration of too much time taken by the court / physical disablement / death. Once the judgment is delivered, then  why it is necessary to file  EP in the court  for the execution of its order ? It is not only utter waste of litigant’s time and money but also of the honourable court too.

The one year simple imprisonment was awarded to the accused considering her non-appearance to the court as contempt of court procedure.  If the complainant got back his/her money back and did not bother about the sentence awarded to the accused for the contempt, can it be overlooked by the court ? What a shameful judicial system we are having ?

Some contradictory facts have been posted, be specific.


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