Shweta Jain (Owner) 12 October 2011

Where to appeal for criminal case section138 cheque bouncing

Hi,

We have Criminal case whose judgment was given against us from Judicial First Class court in Pune.

The case was related to Section 138 (cheque bouncing) and we need to now appeal against this.

We are confused where this appeal is to be made since few advocates say appeal is to be made in Mumbai high Court for case of acquital for Section 138, as per recent ammendment in rules, where as few suggest appeal is to be made in Pune court only.

Could you please guide and confirm where the appeal is to be made either Mumbai High Court OR Pune Court ?

Kind Regards

Dhiraj Parmar

Reply Follow

7 Replies

sridhar pasumarthy (ADVOCATE) 12 October 2011

Dear Dhiraj,

It appears that you are the complainant in cheque dishonour case and that it was ended in aquittal of the accused. If so, appeal lies to High court.

If you are the accused in the said case and if are convicted, then appeal lies to sessions court.

I think you got answer.

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com) 13 October 2011

Dear dheeraj

read your mail

mamta kaura wadehra (lawyer) 13 October 2011

mr dhiraj is absolutely right

mamta kaura wadehra (lawyer) 13 October 2011

sorry,mr sridhar is absolutely right. in case of aquittal appeal has to be filed in H.C & in case of conviction it is to be done in sessions court

DEFENSE ADVOCATE.-firmaction@g (POWER OF DEFENSE IS IMMENSE ) 14 October 2011

Unless some gross irregularity by lower court the appeal is not worth because in NI 138 cases complainant in over confidence make lot of mistakes which are not curable.