138 n.i.act - appeal against conviction - need help
soniya
(Querist) 26 July 2013
This query is : Resolved
Dear and respected member,
We have filed an appeal against the conviction order passed by the trial court. the court has directed to deposit 20% of compensation or fine amount in the court. we have deposited said amount in the court.
Now the respondent has taken out an application for withdrawal of said amount from the court department. He claims that it is his money and he has waited so long for this money.
We are contesting the matter and hence we have file the appeal. we have good chance to succeed in appeal. How court can allow and entertain such appeal.
Court has given us time to file reply on their application. I have prepared reply but i need some relevant ruling or citation on the same subject matter that the respondent can not claim such amount and not entitle to withdraw said amount.
Please help me out. Your guidance is highly appreciable.
Thanks and regards.
Adv. Soniya.
ajay sethi
(Expert) 26 July 2013
in your reply you should take the plea that amount be invested in a fixed deposit pending hearing and final disposal of appeal .if the money is allowed to be with drawn by the complainant there is no guarantee that he shall redeposit the money in case appeal is decided in your favour .
interest of justice would be met by placing said amount in a fixed deposit by the Registry
adv. rajeev ( rajoo )
(Expert) 26 July 2013
You file an objection stating that till the disposal of an appeal amount should not be withdrawn.
Rajendra K Goyal
(Expert) 26 July 2013
Agree with the experts. For citation search indiankanoon.
dr g balakrishnan
(Expert) 15 October 2015
when an issue is in dispute not resolved, no party gets any benefit.
here issue seems to be in dispute like appeal and the like, so hon court need turn down the request of the complainant as matter is still subjudice - subject to justice.
what citation u people talk about on such simple issue,
