Ramesh Narayan (studeny) 24 September 2017
G.L.N. Prasad (Retired employee.) 25 September 2017
The law always permit appeals at any time against decision of lower courts.
There may or many not be official compromises in writing legally, but by weaking the evidence, becoming hostile any suit /appeal /can got be dismissed indirectly
Ramesh Narayan (studeny) 25 September 2017
G.L.N. Prasad (Retired employee.) 25 September 2017
As far as I know, HC is not a Trial court, and at HC one can defend by appointing a competent counsel.
Ramesh Narayan (studeny) 25 September 2017
That means, applicant/witness need not be summoned by Higher courts if accused person appeals.. right sir?
G.L.N. Prasad (Retired employee.) 26 September 2017
That is only my knowledge, and I am not competent Advocate. Hope the expert explains the law with such section in CPC to convince you.
Jitendra 27 September 2017
You will not be called for making statements in higher court, since, as suggested by sh. G L N Prasad Higher court is not a trial court. However, if your presence is required by the court for any other purpose during the course of appeal then you might be called/summoned.
Jitendra 27 September 2017
Although section 420 of IPC is compoundable at the discretion of the concerned trial court, but sections 468 and 469 are not compoundable. You might need to prepare a settlement deed with your brother as you settle the matter out of the court. Post that you can approach the concerned high court u/s 482 crpc for quashing of the FIR on the grounds that parties have reached settlement. In cases that are of civil nature (like your's) relief has been granted by the court for non compoundable offences u/s 468 and 469 of IPC, and all the proceedings under the related FIR are quashed.
Ramesh Narayan (studeny) 27 September 2017
Sir, under what circumstances witness presence is requried in Higher courts??
Can you give me example?
G.L.N. Prasad (Retired employee.) 27 September 2017
Can some one quote the related section under which a witness/party can be summoned.