N.I.Act

Querist : Anonymous (Querist) 22 July 2010 This query is : Resolved
Dear Sir,

Revision application filed for quashing of issuance of process under section 138 of N.I. Act, but trial court is not incline to adjourn the matter on the ground that the revision application is filed. I consult to my senior who told me that there is a judgment to that effect that if the revision application had been preferred by Accused the trial court should retrain from hearing the case, I tried my best but unable to find out. Kindly give me citation to that effect.

Thanking You,

Santosh Thakur

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Devajyoti Barman (Expert) 22 July 2010
Generally the mere preference of appeal or revision ipso facto create stay of trial unless the higher court specifically grants so and in your case the magistrate has taken the right step.

s.subramanian (Expert) 28 July 2010
yes, I agree with Barman,

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