Legal Question in Criminal Law in India

challenge of statement in judgment

u/s 138 NI act of cheque dated 13.08.2003 Rs. 5000/- , at final argument said by complainant he was read to accept whatever amount was given by the accused by giving him receipt of that amount or writing the said on “Court order sheet itself” but not ready to compromise without getting double of cheque i.e . Rs. 10000/- because u/s 80 NI act there is interest to be calculated @ 18% p.a. and there should be prosecution cost, if calculated it will be more than double. Written arguments u/s 314 crpc were given. To surprise when a copy of judgment order was taken, there is no copy of written arguments given u/s 314 crpc on record and while convicting the accused for offence u/s 138, it was written by magistrate that in front of court the complainant denied to accept the whole money of cheque which the accused was ready to pay. In these curcumstances , the court is giving benefit of probation act and amount of Rs. 7000/- should be given as compensation to complainant. The complaiant wants to challenge the above statement in judgment and the same time wants to know where is his written arguments given u/s 314 crpc. How, under what section and where?


Asked on 8/29/07, 1:34 pm

3 Answers from Attorneys

Re: challenge of statement in judgment

You may challenge the order in higher court but take note thatprior to hear you case the court will direct you to deposit the awarded money.You can inspect the rcord of trial court and can take certified copy of argument.

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Answered on 8/29/07, 10:27 pm
Homi Maratha N.N. Maratha & Co.-Advocates

Re: challenge of statement in judgment

good morning

challenge the order of HC first and meanwhile take the certified copy of the arguments from the trial court

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Answered on 8/30/07, 12:50 am
Shrichand Nahar S.V.Nahar, Advocate

Re: challenge of statement in judgment

You can file a Revision about Judgement and make an administrative complaint about written arguments.

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Answered on 8/30/07, 5:34 am


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