RAVI B SHAH (Advocate Gujarat High Court) 11 January 2014
Dear Experts,
In one case Complainant filed case against Partnership firm.
In the case Court acquittal all the accuses but order to pay compensation of Cheque amount.
Now Partnership firm want to file Appeal but as per sec 378(4) of Cr.P.C. only complainant can file appeal in High Court.
Now if Firm want to file appeal against order of Acquittal and compensation but I am confused where I have to file appeal In High Court or Sessions Court.
PLS Suggest.
Eagerly awaited for your valuable replay.
Dr J C Vashista (Advocate) 12 January 2014
It is the appellette court, i.e, the sessions, if the order has been passed by magistrate, in case the impugned order has been passed by sessions then High Court.
SANTOSHSINGH. (ADVOCATE sardarsena@gmail.com) 12 January 2014
If you are accused and wants to file appeal against the fine you can go to sessions court but if complainant you have to go to HIGH COURT SINCE order is basically acquittal.
For GUJRAT we have cases for accused particularly at BHAVNAGAR AND KASHOD any junior welcome for follow up action.
Expert guidance for revision against orders for accused at SURAT for NI 138 cases only.
T. Kalaiselvan, Advocate (Advocate) 14 January 2014
The accused can very well file an appeal for conviction of accused with compensation ordered for payment of cheque amount in the District and sessions court.
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