SLP (Criminal)
Roopin
(Querist) 13 February 2011
This query is : Resolved
Hello Sir,
A SLP is filed against the orders of high court, by supressing the material fact of petioner's status which has changed during the pendency of trial under section 138 of NI Act, the fact was also supressed from high court, is SLP maintainable?
The facts here refers to a complaint filed under section 138 of NI Act before the trial court which is dismissed for non joinder of necessary parties and legally enforceable debt, which is challenged in high court by criminal appeal. During the pendency of the case before the trial court, the propriter concern was converted into a private limited company and this fact was supressed by the complainant, both before trial court and the high court and the same suppression is continued before the apex court, hence my question, is the SLP maintainable before the apex court?
This fact has come to the knowledge of the accused very recently, hence this fact if brought before the apex court, is the SLP maintainable?
Thank you.
Out of Court
(Expert) 13 February 2011
It is maintainable as the suppression of material fact as aforsaid by the complainant has nothing to do with maintaiability, please do not baffled with the fact that a complaint U/s 138 read with section 141 NI Act is going to help the accused, the very object of the section 141 NI Act has no correlation with the problem as aforesaid...
abhishek
(Expert) 13 February 2011
repeated query
Amit Minocha
(Expert) 13 February 2011
The change in status of complainant is very crucial according to me, the complaint was filed by an Individual and not a Company , which is an artificial person. Such change should have incorporated in the SLP. It amount to concealment according to me.
