Legal Question in Appeals and Writs in India

negotiable instument act 138

my company issued a cheque with a condition of settlement.during trail at jmfc this letter was accepted by the party. it was proved that party failed to establish receipt of notices.on obove grounds JMFC acquitted the directors of the company. at the time of charge framing only directors were made accused,no charges were framed against the company.the opposite lawyer never raised any objection in this matter.The opposite party filed a criminal revision against this order in hon'ble high court. Now high court issued notice to the company.My questions are as under,

1)whether high court can include company,as no charge was framed on it and no judgement was given for the company.

2)can high court remand this case or alter the charges,once the judgement has delivered.

3)whether we should engage a second lawyer for the company.

4)a lawyer is representing the directors from last one year.

5)this criminal appeal is at admission stage can this appeal will be admitted by the high court?


Asked on 12/25/07, 2:19 am

3 Answers from Attorneys

Re: negotiable instument act 138

It is to be seen that at which ground revision was filed.

1.yes,if the same is the subject matter of the revision.

2.If revision is filed against framing of charge by trial court then High court can alter or abolish the charge.

3.yes,if it seems necessary.

4.it is o.k.what is your query?

5.Yes but it depends upon the merit of case and also upon the capability of lawyers.

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Answered on 12/25/07, 12:14 pm
Aniruddha Pawse Aniruddha.P.Pawse Advocates

Re: negotiable instument act 138

The grounds for revision has to be seen.All depends upon the discretion of the High Court.

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Answered on 12/25/07, 8:22 pm
Homi Maratha N.N. Maratha & Co.-Advocates

Re: negotiable instument act 138

It depands on the discretion of the High Court.

Please contact with documents and grounds of revision which are supposed to be examined.

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Answered on 12/26/07, 5:38 am


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