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madhu mittal (director)     26 August 2011

Order of revision/session court of remand to trial court

In a complaint u/s 138 N I Act, allegation of offence u/s 420 was also made, but trial court neither took cognizance u/s 420 IPC nor written any word about Offence u/s 420 IPC while taking cognizance of u/s 138 N I Act. So a revision was filed before session court, so revision/Session Court has remanded to trial court for looking again whether the offence has been made out u/s 420  IPC in addition to offence u/s 138 N I Act already taken. That the next hearing date in trial court is in February 2012. Now my querry is: Whether the complainant has to wait till February 2012 or whether the complainant can approach today itself for considering the order of session court, at trial court level.


 5 Replies

adv. rajeev ( rajoo ) (practicing advocate)     26 August 2011

You can file an advancement application in the trial court and request for the early hearing.

madhu mittal (director)     26 August 2011

Please let me know the section/rule etc under which this application can be filed, so that I have not to face the annoyance of Presiding Officer, when this advancement application is filed.

Arun Kumar Bhagat (Advocate (criminal))     11 October 2011

In West Bengal we call it Put-Up application. The Sessions court order is highly condemnable. It is shrugging off the responsibility to the poor erring magistrate.  Peoples are only interested in high salary  no work.  Probably he is on the verge of retirement. Had he been in private firm he would have been fired.

Dr.Sidharth Arora (Advocate)     13 October 2011

S.482 will come handy here...................nothing else works...........


DrSidharth Aurora



Nadeem Qureshi (Advocate/     14 October 2011

Dear Madhu Mittal

Under section 143 of NIAct sub section 3 says about speedy Trial

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