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Gopinath123 (Consultant)     11 March 2017

Accused confessed & conviction order passed. now absconding

In June 2015, the accused confessed in the Trial Court about the cheque bounce and pleaded for 4 months time to repay. The Conviction Order was accordingly passed to pay the Cheque Amount with 4 months time, if not serve 6 months SI. The Accused is absconding since then. I filed a Revision Petition requesting for more compensation and a NBW was also issued. Obviously, the accused is not attending the court and the Police as usual expressed inability to arrest and the accused it at large.

His Condone Petition to set aside the Trial Court Order filed after 400 days was dismissed by the Criminal Court, He then filed an appeal in the High Court to set aside the Trial Court Order and this is yet to come up on the Division Bench as yet.

Question: Can the High Court admit / allow an appeal against a Trial Court Criminal Order passed upon Confession? Any Apex Court case laws available? Thanks.



Learning

 3 Replies


(Guest)

Can you share how much amount is cheque for?

Gopinath123 (Consultant)     11 March 2017

The cheque amount is 7 Lacs


(Guest)

Appeal will be admitted, but nothing can be commented on whether it will be allowed or not.


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