RAMESH KUMAR VERMA (pursuing company secretary course) 27 August 2010

will you reply my quiery

Dear experts,

Please reply my queries:-

Naresh is tried summarily by the metropolitan magistrate on the charge of committing theft & is sentenced to undergo imprisonment for the period 4 month.

Can Naresh challenge the decision? If so, on what grounds?

Thanks in advance

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2 Replies

(Guest)

Every decision of ordinary or summary process can be challenged in higher courts.

Grounds can not be specified without knowing the material facts of your case, so locate a good lawyer and only a good lawyer,because a bad lawyer can lose a good case and a good lawyer can win a case which is seemingly lost.

Even if you get a good lawyer,study your case yourself as much as possible,be student of your case,a lawyer has a lot of cases,but you would be having a single one,so you can do a lot in winning your case.

Also offer a good money to your lawyer on winning point,but on winning only,which would be separate from his regular fees.

Wish you best of luck,if innocent.

(Guest)

hi ramesh as far as i know as per sec.262(2) no sentence of imprisonment for a term exceeding 3 months shall be passed in a case of any conviction under summary trial. However in such case theNARESH has the remedy to apply HC u/sec.482 CrPc.