Appeal against conviction in ni act
amol
(Querist) 25 August 2012
This query is : Resolved
Sir, my quarry is about procedure part in filing appeal in Sessions court against order of conviction by MM Court order dt 22-6-2012 received on 2-7-12 thee by as per sec 138 & 141 of NI act accused no1 is PVt Ltd Co and Accused 2nd is Director of com. order I) against the accused no. 2 is that SI till rising of the court.Q is till rising of the court means what? II) accused 1 & 2 directed to pay compensation of ___ amt within 2 months from today , failing wh acc no.2 suffer SI for 6 months on 22-6-12 application made to magistrate to suspend sentence and Bail he allowed both the applications till expiry period of the filiing appeal. Now Qs are 1)under wh sec & sub sec of crpc appeal will lie to sessions court ? 2) whether both Accu no1 and 2 should the Appellant or only accused No.2 ? 3) How to calculate limitation period from the date of 22-6-12 or 2-7-12 as per the wordings of the order ? 4) which other applications to be moved to the sessions court to get the appeal admitted to get suspension of sentence and bail ? pls explain me about the limitation period issue and remedy for that if i m in delay ? Thaks
SAINATH DEVALLA
(Expert) 25 August 2012
Dear Amol,
You can appeal in the higher court u/s 374 crpc,challenging the conviction order of the MM Court.
374. Appeals from convictions.
(1) Any person convicted on a trial held by a High Court in its extraordinary original criminal jurisdiction may appeal to the Supreme Court.
(2) Any person convicted on a trial held by a Sessions Judge or an Additional Sessions Judge or on a trial held by any other court in which a sentence of imprisonment for more than seven years 1[has been passed against him or against any other person convicted at the same trial]; may appeal to the High Court.
(3) Save as otherwise provided in sub-section (2), any person, -
(a) Convicted on a trial held by a Metropolitan Magistrate or Assistant Sessions Judge or Magistrate of the first class or of the second class, or
(b) Sentenced under section 325, or
(c) In respect of whom an order has been made or a sentence has been passed under section 360 by any Magistrate, may appeal to the Court of Session
V R SHROFF
(Expert) 25 August 2012
You can move sessions court within limitation period.
ur Sr. Adv will do the rest. [ u being Advocate]
