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
5 Answers from Attorneys
Re: criminal law section 138
Please contact personally with the judgement copy in your favour but judge cannot dismiss the case in anyways.
Re: criminal law section 138
Court will decide matter on merits on the basis of material available on record.
Re: criminal law section 138
The process for attachment of your property and declaring you as proclaimed offender shall be initiated.
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Re: criminal law section 138
No court will not dismiss the case.The complainant can ask for attachment of your property.
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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