Legal Question in Criminal Law in India

criminal law section 138

How long an appellant can postpone the hearing in a session court after filing an appeal against decision of trial court sentencing him with imprisonoment and compensation by giving one or other excuse to the Judge including the excuse of settlement with the respondent. How many times judge can give exemption to appear in the court . Is there any limits to these exemption in Indian criminal law


Asked on 4/30/08, 2:25 am

4 Answers from Attorneys
Shrichand Nahar S.V.Nahar, Advocate

Re: criminal law section 138

Hearing of an appeal is not controlled by any party thereto.

Personal appearance of a party in an appeal is necessary only if Court order so.

There is no express time limit prescribed for hearing and disposal of any case before any court. However, general mandate is to the effect that all the cases should be heard and disposed of as expeditiously as possible.

If you think that your matter is not taken-up and heard without any reasonable cause, then you can approach the High Court and get and order of time bound disposal of the matter.

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Answered on 4/30/08, 2:40 am
Aniruddha Pawse Aniruddha.P.Pawse Advocates

Re: criminal law section 138

Ask your advocate to bring to the notice of judge the deliberate delay. depends on discretion of the judge

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Answered on 4/30/08, 8:16 am
Homi Maratha N.N. Maratha & Co.-Advocates

Re: criminal law section 138

Its not in control of any indivuduals capacity and more or less it depands on the judge for the exemption.

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Answered on 4/30/08, 8:19 am
Parmanand Sharma Sharma

Re: criminal law section 138

there is no law to delay any proceeding it is only your advocate's talent to do so. There are no maximum or minimum numbers of hearing provided in law.

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Answered on 4/30/08, 11:33 am


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