Appeal Against Acquittal 138 NI Act
R S TOOR
(Querist) 19 August 2012
This query is : Resolved
Dear Sir's,
GOOD DAY,
I am a citizen of India Residing in Ghana (West Africa) for the last two decades I am having a residential property bearing H/No 5929- Duplex in MHC Manimajra Chandigarh (India)which has been occupied illegally by my close relative so called Saddhu I filed a Civil Suit of Possession in Oct 2006 however after dispute on house is in question my relative has some of my old blank cheques duly signed by me which were given to him to settle bill payment for property rent/ water/ Electricityor any cash to my close relativesetc etc. After the dispute i saw the danger so i quickly wrote to my bank in Jan. 2005 to stop payment on cheques in his custody duly wrote his name, I did not inform my relative about my action taken. When he received summons on Civil Suit For Possession filed by me in Oct 2006 as acounter blastor for harassmenthe filled the body of a cheque with RS/-705,000.00 and presented the cheque in Mar. 2007 cheque was returned with memo STOP PAYMENT then he send a notice to my home town in Haryana not on my foreign address I didn't know about notice so he filed a case of 138 NI Act.
I fought for this case till May 2012 the case of 138 NI Act was awarded in my favor and I was acquitted and somewhere in june 2012 I was told by a relative that he has filed an appeal in Session Court Chandigarh District Court but so far no notification to me neither at home address nor at my Foreign address meanwhile at the time of submitting surety bond on acquittal I gave my foreign address.
Professionally my relatives is a Lawyer and his daughter is a CJM in (Haryana) my question what is the remedy of his appeal filed against, I am yet to receive any notice on Appeal, Pls. advice me where he suppose to serve the notice to me and what happens if he sends notice to my parental address, what happens if I do not receives any Notice of an appeal at my current address which is abroad. I shall look forward to received valued advice and direction.
Thank you
With Best Regards/ R S TOOR
Tarun Thakur
(Expert) 19 August 2012
Complainant has a right to file Appeal. If you receive Summons then you have will have to appear before Court. The court can send summons at the addresses mentioned by you or in the complaint. If the complainant serves you by post at your given address then summons will be deemed to be delivered.
venkatesh Rao
(Expert) 19 August 2012
You are misguided. Appeal against acquittal lies before the jurisdictional High court and not sessions court. chances of filing appeal in sessions court is too remote. Pl. consult an advocate of locality who will be pleased to guide you properly.
R S TOOR
(Querist) 21 August 2012
Thank you Venktesh Rao Jee
V R SHROFF
(Expert) 21 August 2012
ACCUSED ADDRESS IS NOT COMPULSORILY REGISTERED. UNLESS YOU RECEIVE SUMMON, YOU CAN RELAX.
Summon recd at wrong address or by female member is not valid,
Valid only if male member of your family , or you yourself , receive it.
Appeal against aquittal is only at High Court and not in Session.
venkatesh Rao
(Expert) 21 August 2012
Shroff Ji,
If I am correct, service of summons/notice on any other person than the accused is not provided in criminal cases and appeals therefrom.
