Legal Question in Criminal Law in India
138 N.I.Act
The judgement pronounce on the basis of the document,which was given behind in the back of the court.The Judge and the accused advocate are hand in glove.The document relates to prohibition of untrade fair practice relating to stock market.This regulation are made to protect the investor and stock market from fradulent trade practice.The power to investigate lies with the SEBI board.In absence of no investigation carried out by the SEBI board,one cannot say that the transaction entered into with sub-broker is prohibited.Inspite of knowing facts,the Hon.Judge has pronounced the order in favour of the accused,thus acquitting him.If the said document,was to be served on me,then i have a document from SEBI,which i have procure thru my application under RTI act,stating that the transaction done by me with the sub-broker are never and till date not prohibited by SEBI.I got ample grounds to proved that the document was handed over the back door,since it was not the part & parcel of the list of the document submitted by the accused advocate during arguments.What can i do ,if i want to expose the judge and the advocates involved,to save many aggrived person like me in future.Plz.give a effective solution.Highly obliged.
2 Answers from Attorneys
Re: 138 N.I.Act
I have gone through your question. You have a remedy to go for appeal in higher court. As far as expose the judge and advocates you should have strong evidence and you should able to aready for all the questions which can be asked when ever it be required.
Re: 138 N.I.Act
If the judge is corrupt then also You can not expose the judge and his corruption because most of the judges are corrupt and they are hand to gloves.The other judges will come up to protect the errent judge.Merely because the judge has delivered a judgement against you does not mean that he is corrupt if that is basis then every judge is corrupt because every judge has to pass order which is against one party of the case.The openion of judge may be wrong but it doesnot show that he is corrupt.If you have ample ground of corruption then approach the higher authority.You have the right to challenge the order in appeal/Revision.All the relevant papers relating to case is required to be examined.Consult a lawyer.
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