Legal Question in Criminal Law in India

Appeal under section 138

i HAVE BEEN CONVICTED BY LOWER COURT IN CHEQUE BOUNCING CASE and sentenced to 6 months imprisonment and compensttion equal to amount and legal expenses.

I filed an appeal which was accepted .

Is it necessary for me to appear in the court everytime

can the session course enhance the punishment specially compensation


Asked on 9/29/07, 2:47 am

4 Answers from Attorneys
Lawbird in Delhi Taneja Law Office

Re: Appeal under section 138

What are the Grounds of Appeal?

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Answered on 9/29/07, 3:40 am
Homi Maratha N.N. Maratha & Co.-Advocates

Re: Appeal under section 138

Can you let me know the grounds for appeal as to formulate some advice for you.

Thank You.

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Answered on 9/29/07, 4:02 am
Shrichand Nahar S.V.Nahar, Advocate

Re: Appeal under section 138

About your appearance, better to go by advise of your lawyer in the Court. In an appeal against conviction, the Sessions Court can not enhance the punishment or compensation.

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Answered on 9/29/07, 4:31 am

Re: Appeal under section 138

Yes,as per practise you are required to appear on each date unless exempted by the court.Enhancement of sentence depends on the relief sought in appeal.

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Answered on 9/29/07, 11:18 am


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