Legal Question in Criminal Law in India

In a complaint u/s 138 N I Act, allegation of offence u/s 420 was also made, but trial court neither took cognizance u/s 420 IPC nor written any word about Offence u/s 420 IPC while taking cognizance of u/s 138 N I Act. So a revision was filed before session court, so revision/Session Court has remanded to trial court for looking again whether the offence has been made out u/s 420 IPC in addition to offence u/s 138 N I Act already taken. That the next hearing date in trial court is in February 2012. Now my querry is: Whether the complainant has to wait till February 2012 or whether the complainant can approach today itself for considering the order of session court, at trial court level.


Asked on 8/26/11, 11:34 am

3 Answers from Attorneys
RAJIV GUPTA (Cell: +91 9811284735) [email protected]

the complainant has no option but to wait till February 2012 as the sessions court just ordered the judge to exercise his discretion once again.

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Answered on 8/26/11, 11:17 pm
Sanjay Kalra Sanjay Kalra & Associates

Yes the complainant has to wait till feb 2012.

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Answered on 9/01/11, 12:14 am
Shrichand Nahar S.V.Nahar, Advocate

Courts have their usage and practices.Be guided by lawyers visiting that court regularly.

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Answered on 9/02/11, 10:31 pm


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