Legal Question in Criminal Law in India

criminal law section 138 appeal

After being sentenced to 1 year imprisonoment and compensation ,the accused filed appeal in session court. He remained absent on 4-5 occassion.

The judge after finding him absent again gave the following oral instruction The Complainant / respondend is permited to take necessary steps against the appellant . Then K B and later after lawyer of appelant appeared the date was given for hearing( not in my presence).The matter has been delayed by more than year . Can the respondent file affidavit for early trial or dismissal of appeal . Is it possible to file the reply in writing assuming hearing starts on next date in addition to oral presentation of facts in the court.


Asked on 4/21/08, 12:23 am

3 Answers from Attorneys
Homi Maratha N.N. Maratha & Co.-Advocates

Re: criminal law section 138 appeal

You may file written arguments there is no question of trial as the trial is over.

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Answered on 5/02/08, 3:05 am
Shrichand Nahar S.V.Nahar, Advocate

Re: criminal law section 138 appeal

Trial has already been completed and no question of early trial.

Dismissal of appeal is not resorted as a routine.

Written Arguments in addition to oral submissions can be filed at the time of hearing of appeal.

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Answered on 4/21/08, 2:11 am
Aniruddha Pawse Aniruddha.P.Pawse Advocates

Re: criminal law section 138 appeal

question of trial doesnot arise in appeal stage. file written arguments

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Answered on 4/21/08, 11:02 am


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