Convicted us 138
Poona
(Querist) 09 May 2019
This query is : Resolved
Sir I am convicted under section 138 and punished with one year simple imprisonment and fine equivalent to double the cheque amount. During trial ,while at the stage of Defence evidence ,I suffered a serious accident and could not attend Court proceedings for 23 days. During this period, the court rescheduled the hearing date 4 times, one after another. Though my lawyer appeared every time in my absence , but the court closed our opportunity to submit defence evidence ( a receipt duly signed by the complainant acknowledging partial payment of the cheque amount) and other witnesses and documents, and marked the case for final argument followed by the above mentioned judgement. Now, I have appealed in sessions court against this judgement where I am ordered to deposit 20% of the fined amount within 7 days. I can't arrange this as I have already repaid the complainant more than the cheque amount. Please guide me what to do now ? I also wanted to submit the above-mentioned receipt in my defence along with the appeal but my lawyer says we can't submit this receipt as an evidence now at this stage. please help.
Sudhir Kumar, Advocate
(Expert) 10 May 2019
please file appeal after deposit of amount and get the case remanded to the trial court from evidence stage and you can then submit this evidence.
krishna mohan
(Expert) 10 May 2019
If you have paid more than cheque amount your lawyer must have produced the evidence. Why you have not done that? Consult another lawyer locally to peruse and advise you correctly.
Poona
(Querist) 10 May 2019
Sir please guide if I can get a stay order from high court on payment of 20% of fine amount ordered to be deposited within 7 days. Also please guide if I can submit in sessions court along with appeal partial payment receipt as an evidence which Lower court had denied to accept
Dr J C Vashista
(Expert) 11 May 2019
As directed by the Appellate/Sessions Court deposit 20% amount and you will be entitled/granted stay of operation of sentence.
Subsequently you can get an opportunity to prove your view/documents.
If you have lost faith in your lawyer change him/her immediately.
Dr J C Vashista
(Expert) 11 May 2019
Consult a local prudent lawyer for better appreciation of facts/ documents for further guidance and proceeding.
Sudhir Kumar, Advocate
(Expert) 11 May 2019
out of 7 days you have already lost 3 days and tomorrow there is Sunday. Even if you intend to get the proposed directions from High Court you cannot get the order in 3 days and get it communicated also to Appellate Court.
Sudhir Kumar, Advocate
(Expert) 11 May 2019
You are least likely to be able to submit fresh evidence in Appellate Court. For this purpose you have to get this case remanded to trial court, if you are able to satisfy the trial court as to why the evidence could not be produced in trial court despite you best of ordinary dilegence.
