Querist :
Anonymous
(Querist) 31 August 2019
This query is : Resolved
I had filed a suit for Rs. 3600000/- being receivable against a debtor the judgement came in my favor. The accused in the given case filed before the sessions court after having lost before THE MM COURT. the accused than at the sessions court failed to pay the min amount and hence the sessions court ordered for issue of conviction warrant. The conviction warrant is still not executed means that the person is unreachable. He had filed an appeal before the HC seeking stay against the conviction warrant. The date was supposedly on 03.09.2019. However today the date changed from 03.09.2019 to 28.01.2020. the next date at sessions court is 24.09.19. The R AND P IS HELD at the MM COURT due to non execution of conviction warrant . Request you to kindly guide whether this case will go ahead on 24.09 or the time will be wasted.
Dr J C Vashista
(Expert) 01 September 2019
The case is being proceeded in the right direction with excellent/required results, be grateful to the able, competent and intelligent counsel engaged in the case. Continue his/her opinion, advise and proceeding. There is no scope for further change in the strategy adopted in the subject matter. Do not waste time and efforts of experts on this platform seeking their second opinion and obligation despite the fact it is available FREE OF COST. What is your locus standi and concern to the question Mr./Ms. Anonymous?
DEFENSE ADVOCATE.-firmaction@g
(Expert) 01 September 2019
In legal cases identity may not be disclosed . Well seeking free advice does not help opinion is correct.
I am giving opinion but it need expanses and expert advocate- naturally against the person making querry.
Appeal is right - conditions can be imposed but it does not mean jail without paying fine, otherwise the right of appeal is lost. The money can be recovered by civil procedure since it is to be paid to the complainant.
There are higher court judgments showing this theory.
P. Venu
(Expert) 01 September 2019
Has the High Court granted any stay?
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