Sec 138 n.i.act.
raj kumar h
(Querist) 10 December 2014
This query is : Resolved
i was convicted in a 138 N.I. case by the trial court in december 2009. i had filed an appeal in 2010 in sessions court mumbai. since i was out of the city since 2011, i couldn't attend the court. my lawyer suddenly stopped attending the court too. the sessions court passed an ex-parte order in 2012 upholding the trial court judgement.
the fact of the above case is that i have returned the money borrowed from the complainant and the same has been accepted by the complainant during cross examination. the bank statement of the complainant shows that he had advanced the sum of Rs.2,74,250 to me and i have returned Rs.2,66,500. but the disputed cheque amount is 8,75,000 through 11 cheques that were dishonored.
now, if i move the high court now, can i expect any reliefs? as the timeframe to file an appeal is already over. please help!!!
and also will i have to deposit any money in the court?
ajay sethi
(Expert) 10 December 2014
you must have raised this defence in trial court . it is necessary to go through order passed by trial court to advice .
court may direct you to deposit atlet 25%of the compensation amount for hearing your appeal
P. Venu
(Expert) 11 December 2014
Has the appeal disposed on merits?
Rajendra K Goyal
(Expert) 11 December 2014
Consult local lawyer and show him all the documents.
V R SHROFF
(Expert) 11 December 2014
As the Order is ex-parte, you have chances to be heard.
YOU WERE SLEEPING TOO LONG .
T. Kalaiselvan, Advocate
(Expert) 15 December 2014
In criminal appeal there is no exparte order. The author is misleading with false information. The high court has passed the order by dismissing the appeal on the basis of the memorandum of appeal filed. For non-representation, the court has dismissed the appeal, so the order copy need to be seen for further opinion.
