Submitting your prayer in the appeal filed by the other party
Mahesh Chand Gupta
(Querist) 04 September 2016
This query is : Resolved
A case under section 138 NI Act was filed in 2004 for a dishonour of cheque for the Amount of Rs. 3,21,500/-. the judge gave his final judgement in the case ordering the accused to either give Rs. 3,21,500/- to the petitioner or face 1 year simple imprisonment.
Now, the accused has filed an appeal in the district courts for acquittal.
Can the petitioner submit his own prayer in the appeal filed by the accused of punishing the accused with 2 year imprisonment and doubling the cheque amount to be paid to the petitioner?
If yes, what is the procedure and the format of the application?
Rajendra K Goyal
(Expert) 04 September 2016
The petitioner can appeal if not satisfied with the decision of the court.
He can file execution if no stay granted in the appeal.
In the appeal from accused, petitioner can prey to get % of amount deposited.
R.K Nanda
(Expert) 04 September 2016
Repeated query
Kumar Doab
(Expert) 04 September 2016
If repeated NO reply.
Kumar Doab
(Expert) 04 September 2016
Also posted at:
http://www.lawyersclubindia.com/forum/Can-i-start-a-card-game-site-for-foreign-countries-from-indi-141707.asp
Mahesh Chand Gupta
(Querist) 05 September 2016
Sirs, it is not repeated query. Please read again carefully
Ms.Usha Kapoor
(Expert) 06 September 2016
Dear Client,
As advised by Mr.RK.Goyal you can file a further appeal to High court if you are not satisfied with any order of the lower appellate court and obtain stay of execution on condition of depositing decretal amount or conditional stay.
