Legal Question in Appeals and Writs in India

petition pending under 482, appeal decided

A complaint was lodged under section 138 NI Act. The accused was sentenced for six month imprisonment by the lower court and no compensation was got given by the lower court. The accused filed appeal in session court. The complainant also filed revision in session court for enhancement of sentence and got given compensation but the said revision was dismissed by the session court on the stage of admission by saying revision is not maintainable for enhancement of sentence. The complainant filed petition under section 482 in High court for getting restored revision in session court, the said petition is pending at High court at admission stage. In meanwhile the appeal of accused was decided by session by reducing the sentence from six month to nil and compensation was increased from nil to 1.5 times of the cheque amount. However the compensation is not adequate if interest is calculated as per section 80 of NI act. No prosecution cost was got given. In nut sell, the complainant is not satisfied so want to go to High court. What should complainant do either go in separate revision under section 397 against appeal decided by session court or first wait till petition under 482 decided or any appropriate remedy?


Asked on 7/18/06, 12:24 pm

1 Answer from Attorneys
Mahesh Gupta Medico-legal Advocates and Consultants

Re: petition pending under 482, appeal decided

1. This is not an expert reply in the sense that I don't have much experience in the area.

2. From the litigant's point of view, I would suggest, on practical grounds, that he should accept whatever compensation has been awarded to him and forget the issue.

3. As a lawyer, [I think you are a lawyer, too], I would suggest filing a revision petition in the High Court under section 397, CrPC, which would most likely be clubbed with the pending petition under section 482 CrPC.

Dr. M C Gupta

MBBS [AIIMS], MD, Internal Medicine [AIIMS], MPH [San Carlos Univ.]

LL.B. [DU], LL.M. [KUK]

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National Institute of Health and Family Welfare

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All India Institute of Medical Sciences

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Answered on 7/19/06, 10:05 am


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