Legal Question in Criminal Law in India

criminal law section 138

The judge rejects the application of adjournment in a case of cheque bouncing ,sent to the court through deputy of my lawyer whose name does not appear in Wakalatnama. The appelant ( accused) that is me was also not present in the court on this day and on three earlier occasions. What course of action judge is likely to take . Can he dismiss the case?. What can respondent ( Complainant) do . I have been awarded 1 yr imprisonoment and compensation


Asked on 2/14/08, 11:28 pm

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

Re: criminal law section 138

Please contact personally with the judgement copy in your favour but judge cannot dismiss the case in anyways.

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Answered on 2/14/08, 11:53 pm
Shrichand Nahar S.V.Nahar, Advocate

Re: criminal law section 138

Court will decide matter on merits on the basis of material available on record.

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Answered on 2/15/08, 12:09 am
Deepak kumar

Re: criminal law section 138

The process for attachment of your property and declaring you as proclaimed offender shall be initiated.

For more details, please mail at [email protected]

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Answered on 2/15/08, 1:55 am
Aniruddha Pawse Aniruddha.P.Pawse Advocates

Re: criminal law section 138

No court will not dismiss the case.The complainant can ask for attachment of your property.

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Answered on 2/15/08, 3:33 am

Re: criminal law section 138

Appellate court can dismiss the appeal and in that case the order of trial court will come in force and you (accused) shall be behind bars.

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Answered on 2/15/08, 11:50 am


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