Querist :
Anonymous
(Querist) 09 October 2010
This query is : Resolved
Whether an appeal can be filed against Judgment equating accused in case u\s 138 of Negotiable instrument act before Hon'ble Sessions Judge considering amendment 2008 in Sec 372 & 378 of the code of criminal procedure.
Adv Archana Deshmukh
(Expert) 09 October 2010
Yes, appeal against acquittal is to be filed in the sessions court.
M/s. Y-not legal services
(Expert) 09 October 2010
Is adv.archana correct? Give any illustrations.. Please.
Raj Kumar Makkad
(Expert) 09 October 2010
Yes. Now appeal can be filed before Sessions Judge.
Neeraj Arora (9897136755)
(Expert) 09 October 2010
I also do agree with Mr. Raj Kumar Makkad & with Adv Archana, that appeal can be file before Sessions Judge.
B K Raghavendra Rao
(Expert) 09 October 2010
If the accused is acquitted, criminal appeal need to be filed by the Complainant before the High Court under Section 378(4) of the Criminal Procedure Code and not before the Sessions court. If the Accused is convicted then accused need to file criminal appeal before the appellate Sessions Court.
Kirti Kar Tripathi
(Expert) 10 October 2010
I agree with Mr. Raghvendra Rao
ashish lal
(Expert) 16 October 2010
I agree with Mr. Rao. In the instant case appeal is to be made U/s 378 and not U/s 374
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