Appeal after discharge u/s 138 by trial court
Madhu Mittal
(Querist) 07 August 2019
This query is : Resolved
Please let me know whether complainant to appleal u/s 372crpc to Session Court or u/s 300(5) crpc to Session Court or u/s 378 to High Court or any other section to any court, if Trial court closed the proceeding without the consent of Complainant as per Meters and Instruments Pvt. Ltd. (M/s.) and another vs. Kanchan Mehta by ordering Rs. 20000/- (twenty thousand) as compensation for attending about 44 court hearings dated during 7 years of the date of cheque dishonored (05.05.11) of Rs. 100000/- ( the face value of cheque of Rs. 100000/- given by accused after five years in instalments i.e first instalment of Rs. 5000/- given on 08.03.2017 and so upto 11.03.2019 ) ignoring interest @ 18 p.a. u/s 80 Negotiable Instruments Act and cost of per hearing at the time of decision on the party who unnecessary drag the proceedings as decided by Hon’ble Supreme court in case named Salem Advocate Bar Association, Tamil Nadu v/s Union of India (UOI) Decided On: 02.08.2005 MANU/SC/0450/2005 and AIR2005SC3353.
During trial, a creditor is bound to take the amount given by accused as per case u/s 138 N I Act named Pradeep Chandran Vs. Nimmi Velappan and Anr. Decided On: 13.12.1993 MANU/KE/0270/1993 Equivalent Citation: 1994CriLJ2768, 1994(1)ALT(Cri)255 IN THE HIGH COURT OF KERALA
KISHAN DUTT KALASKAR
(Expert) 08 August 2019
Dear Sir,
Please share the entire judgment with any local advocate and get appropriate advise as per the invoking of Sections by the Trial Court.
Please mark “LIKE” if satisfied by my answer.
Madhu Mittal
(Querist) 08 August 2019
Respected Sir,
Thanks for giving your valuable time for my query, there is confusion among local lawyers, that is why I sought guidance here.
P. Venu
(Expert) 08 August 2019
What do you mean by "closed' the proceedings? The facts stated suggest the the Court has given its judgment. Appeal in the instant case lies with the High Court.
Dr J C Vashista
(Expert) 09 August 2019
In terms of Supreme Court (DB) judgment in the case Meters & Instruments (2017) the Trial Court may compound the complaint u/s 138 NI Act without consent of complaint,.
However, Damodar S Parbhu (2012) Supreme Court (DB) judgment makes it compulsory for the Trail Court to seek consent of complainant, which has not so far been over ruled.
You can move in revision u/s 397/400 Cr PC before concerned Sessions Court.
Salem Advocates judgment deals with provisions of CPC holding it to be procedural but not mandatory.
Please go through the judgments and seek guidance of local prudent lawyer for better appreciation and guidance.
Madhu Mittal
(Querist) 09 August 2019
Respected Sirs,
Thanks to all for attending and guiding me in general and Sh. Dr. J C vashista in particular.
