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kavita (Junior Advocate)     05 February 2013

Appeal to the sessions court in 138 ni

Hon'ble Members,

I have got a case of 138 NI in which my clients got convicted. The Ld advocate who did all the paper work i.e. filing an application to suspend the sentence and sending the notices to the opposite Complainant in this regard passed away. The notices sent by late advocate ( notice 1- By post, notice 2- by courier, notice 3- by his clerk) could not be reached to the opposite party because they no longer stay there; shifted to some other unknown, undisclosed location. What should be my stand in such circumstances? My clients have failed to traced the party. What effect would this failure to locate the party create in this Appeal case at Session court?



Learning

 1 Replies

kavita (Junior Advocate)     05 February 2013

Thank You Sir your kind reply. However, i would like to know what do you mean by court PC. Herein your reply you meant to say that the Bombay sessions court will issue a warrant in the name of "original complainant" who won the case and against whom we have filed the Appeal?


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