SAMI FAROOQ (Owner) 24 March 2019

Appeal in 138 case

I am convicted by MM court in Mumbai for 6 months RI & compensation total 2.96 Lakhs (Cheque amount 1.95 Lakhs.) I have filed appeal and same is coming for hearing on 25-3-2019. Notice is served to opposite party and they have taken objection. Hon. Sessions court has directed me to pay 20% of cheque amount and also take bail again by paying 10,000/- cash bail, within 30 days of the order. I have taken bail accordingly and will pay the 20% amount also within 30 days. I want to know, can sessions court dismiss appeal application because opposite party is taking very strong objections and my lawyer says my case is very weak? If my appeal is disposed (not admitted) will i have to go to jail immediately?

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9 Replies

Dr J C Vashista (Advocate) 24 March 2019

It is obvious that the opposite has edge over your case and on dismissal of appeal you shall be sent to jail if you do not get it compounded and agree to pay the fine of Rs. 2, 96 lakh (after adjustment of 20% already paid) imposed by Trial Court.

SAMI FAROOQ (Owner) 24 March 2019

Thanks for reply sir. I am willing to pay the money and compound the matter but opposite side not accepting. Can appeal be dismissed without arguments and without admitting the same? What would be my next step then?

SAMI FAROOQ (Owner) 24 March 2019

If I make an application for compounding the case, can the opposite side give objection? Also if I want to compound the matter by making payment, can I get some time for the same or do I have to make payment immediately?

P. Venu (Advocate) 24 March 2019

There is a fair chance that Appellate Court, even if it dismiss your appeal, may reduce the punishment.

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Vinod shah (legal assistance for victims of system. findjobs02@gmail.com) 24 March 2019

1) Appeal will not be dismissed , it will be heard on merits but on legal points.

2) You can compound but not without consent of the opponent.

3) If you loose the appeal in sessions court than bail will be from high court only.

You will get sufficient time since hearing will take time due to pendency of cases at MUMBAI.

You can win the case on technical issues visit utube #chequebounce or #chequecase.

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SAMI FAROOQ (Owner) 24 March 2019

Thanks for replies and grateful to all who have posted on my query.

Shri Vinod Shah: How can I contact you for handling my case?

Vinod shah (legal assistance for victims of system. findjobs02@gmail.com) 29 March 2019

you can contact by email

findjobs02@gmail.com

Vinod shah (legal assistance for victims of system. findjobs02@gmail.com) 29 March 2019

my freinds post regular vedios on utube , pl visit for guidance.

#chequebounce or #chequecase

Appeal in 138 case

9 Replies

1) Appeal will not be dismissed , it will be heard on merits but on legal points.

2) You can compound but not without consent of the opponent.

3) If you loose the appeal in sessions court than bail will be from high court only.

You will get sufficient time since hearing will take time due to pendency of cases at MUMBAI.

You can win the case on technical issues visit utube #chequebounce or #chequecase.

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