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senthil kumar   18 August 2019

Kind Request on 138NI Act judgement

Dear Sirs/Madams,

I filed a case in 2011 and got judgement on Jan 2018 in favor of mine..Opponent party went on CRLA on 02/03/2018.Still the case is running.Meanwhile, I heard (am not 100% sure)that the opponent guy filed a personal insolvency petition and got the order by his favour.My query as follows sir,
1.Did affect my judgement if he got insolvency judgement? please note the order passed is 1 year imprisonment and the amount to be returned with 8% interest..
2.How many years more to take for this appeal judgement and favours to whom?
3.What is the next appeal for him(District, high court and supreme court)?How long will take sir if he goes for it?
4.For the appeals, Do I need to appoint the lawyer or the honourable PP will appear since I spent a lot i.e more than 65%of the cheque amount?

I went for around 6 to 7 times for the settlement talks and the opponent wants to drag me only since he is having my money to spend and prolong the time.Thank you in advance for your valuable time to answer..

I have strong belief in our Indian Law and all respectful Judges and Lawyers.

One day I will win for my truth and patience and waiting for that day to celebrate..

Thank you once again for this wonderful forum and members.

Regards,

Senthil Kumar.


Learning

 4 Replies

G.L.N. Prasad (Retired employee.)     19 August 2019

1. Apply for a copy of such judgment and find out as to your liabilities was mentioned with your name in creditor's list.

2. In India, no one can auger about the future course of legal proceedings in court.

3. For the first appeal, hearing appears in person, and if it is beyond your competence then you can think of appointing a professional.

One may have to change opinions on individual experiences as facts and perceptions differ.  Celebration for winning a case is momentary, and at the end, if you calculate manhours spent, and mental agony, one has to weep in leisure secretly.  Hope for success and never expect speedy justice.

P. Venu (Advocate)     20 August 2019

You had filed a private complaint. As such the need to defend yourself in Appeal either in party or through an advocate.

senthil kumar   28 August 2019

Thank you very much for your kind reply and guidance.

Best Regards,

senthil kumar   28 August 2019

Thank you very much for your kind reply and guidance MR.P.Venu sir,

Best Regards,

 


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