Order passed by appellate court remanding d matter to lower court
rayu mahambare
(Querist) 01 March 2012
This query is : Resolved
Sir,
u/s 138 of N I Act accused was convicted by d trial court. The accused has admitted his liability in the reply to my statutory notice. In appeal, Appellate Court passed an order and remanded d matter to lower court. Despite there is no such prayer from d Appellant, no pleading of adducing further evidence from either party. The court
has taken 3 months time to pass such order after both sides concluded their arguments. I
think something fishy. Please guide me -
1. What will be the next remedy for me?
2. Any other suggestion?
3. Any scope of lodging a complaint against
d judge?
V R SHROFF
(Expert) 01 March 2012
Once the matter is remanded to lower court.
Ans: U have remedy for trial in lower court.
u want to go to upper/ SC against the order of appellate court??
What is wrong in re-trial??
Appeal means aggrieved by Judge order. that was done by accused.
no ,not advised to complain against a Judge.
Shonee Kapoor
(Expert) 04 March 2012
Nothing left to add.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
