one of my 138 matter in this matter The conviction order is passed by CJM court on 07/12/2021 as a ex party order and the appeal period of 30 days is over nd now I want file appeal with delay condon but the sessions court is demanding the stay order of lower court but the arrest warrant is already issued by the lower court and session court is demanding stay order from lower court. so this the problem how can I file the appeal now?
1). want any legal view which may provide remedy to my client.
2)any other legal which may helpful for this view pls guide me.
regards from a junior advocate
Dear Querist,
Negotiable Instruments Act 1881 regulates the different types of negotiable instruments like Promissory notes, Bills of Exchange and Cheques. Section 138 of the act talks about punishment for dishonoring of cheques. Section 138 was introduced as a criminal offence in 1989 by way of an amendment to the Negotiable Instruments Act, 1881.The main objective of introduction of this section was to encourage the use of cheques and increasing the credibility of transactions through cheques by making the dishonoring of the cheques as an offence.
The one who is at fault can be punished with imprisonment for a term which may extend to two years, or with fine which may extend to twice the amount of the cheque, or both. This is also a non-cognizable offence.
re-file the complaint in such a situation.
regards,
palak
