u/s 138 convition
Querist :
Anonymous
(Querist) 04 July 2011
This query is : Resolved
We have won the case u/s 138 of Five Lacs today at Metropolitian court at hyderabad where the accused has been convicted imprisionment of one year & penalty of 5000/-. We feel the convition is less b'use we have fought for 6 yrs.Is there any process where we can request for harder punishment? What is recourse available to accuse ? Will we get our 5 lacs ? Can we file recovery suit after the judgement ( ie after 6 years) ?
Ajay Bansal
(Expert) 05 July 2011
You may file an appeal for enhancement of sentance in High Court u/s 378 Cr.P.C. within 30 days of said conviction. As far as civil suit for recovery is concerned,the same has become Time-Barred.
Querist :
Anonymous
(Querist) 05 July 2011
My some of queries are unanswered.Can we site this case as basis of filing the recover suit on the grounds that accussed was denying the liability & through this judgement liability has been established & hence the suit? Is there any process for condonation of delay in such cases on the grounds that case was being being heard u/s 138 hence didn't filed the recovery suit.
