Recently, the opposite lawyer raised some questions in a most polite and impressive manner, almost convincing the judge. But the hon judge was kind enough to give me some more time to come back again with answers. Those points were already raised and considered by the lower and sessions judge. However, now I have to take the following decided case laws by HC or SC, for the next hearing. I shall be very grateful for some guidance by any one.
1. I had filed against 4 accused. 2 human beings, 2 office designations. Now 2 persons have died. Remaining are only designations. Now he wants a Proof where a company or officials have been made accused and has been indicted under IPC and fined, because they can't be imprisoned. (U/s 425, 420, 138 or any other criminal offence sections in any HC or SC). Now 138 is also criminal or not ?.
2. Limitation Act : Opposite lawyer said that u/s 468, the limitation period was over, from date of offence to date of filing case, hence the case has to be dismissed. Earlier the hon sessions judge had used 473 and decided the case in my favor. He has not written that in the judgement. Mere not writing. can it make the case a failure? About the delay in appealing also, he had accepted and mentioned. But not mentioned about the limitation period. Is its mentioning a must ? Can a higher court reverse it, just because it is not mentioned?
3. Sanction to prosecute is not necessary in case of PSU officials. But he wants me to bring the proof for that. He should bring proof or I should ? Where it is available ?
4. Can any one please guide how to get the copies of the above decided case laws and oblige.
