Order of retrial by appellate court
rayu mahambare
(Querist) 14 March 2012
This query is : Resolved
Sir,
Complaint u/s 138 of N I Act was filed in 2001 and trial court had convicted the accused. Accused has admitted his liability in the reply given by him to my statutory notice. The Appellate court while deciding the appeal filed by the accused against the order of conviction, passed an order of retrial which in my opinion is not correct. Order of retrial shall maintain obligation on trial court to change the order of conviction into acquittal. In the given circumstances, kindly guide me.
1. Whether the order of retrial can be challenged in the High Court ?
2. Relevant case laws if any.
SAINATH DEVALLA
(Expert) 14 March 2012
Dear Mr.Mahambare,
You have not mentioned the reasons of the appellate court in ordering the retrial.Unless you provide details our conclusions would only be half baked.
DEFENSE ADVOCATE.-firmaction@g
(Expert) 14 March 2012
You have already passed more than ten years and now if you go to HC may be matter may be stuck there for few more years so better put your energies for retrial at lower court.
Ajay Bansal
(Expert) 14 March 2012
Please tell that on what ground the appellate court ordered for re-trail of complaint.
Shonee Kapoor
(Expert) 14 March 2012
Incomplete query.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
