Legal Question in Criminal Law in India

Dear Sir,

I Mrs.Swati Mukherjee live in Kolkata. Standard Chartered Bank was given me a loan for my business ( Channel finance scheme). On a particular date their receivable was Rs.3.00 lack. But they dropped in my bank Rs.5.00 lack against my security blank cheque which was kept with them. This cheque was bounce from my bank.

After this bounce of cheque they (SCB) filed a case against me at Mumbai lower court.as the jurisdiction was Maharashtra.

I have win this case on March 2010 in lower court at Maharashtra against Standard Chartered Bank of N.I. Act ( U/s - 138).

On August 2010 further they appeal to Mumbai Highcourt against Judgement of Mumbai lower court. But till date their appeal has not been accepted due delay filling.

In this context, I have two question with you.

1. Appeal of SCB would be accepted at Mumbai High Court?

2. If I want to transfer my case from Mumbai High court to Kolkata High Court. Is It possible? As I have a daughter of 10 yrs old. For this case I have spent huge money.At present my financial position is not good. Due to this case my business is hampering along with mental condition. In spite of that as lady I am ready to fight against SCB.But not in Mumbai.If it is at Kolkata.Then it would be very helpful for me.

Kindly inform me immediately.

for Swati Mukherjee

Kolkata


Asked on 4/11/11, 3:50 am

2 Answers from Attorneys
Sanjay Kalra Sanjay Kalra & Associates

Which branch of SCB ,you had taken loan ? Do you have proof that Rs. 5 lacs cheque was given as security of Rs 3 lac loan ? In what months or year the loan was to be repaid ? How much loan was paid by you before they had file a case against you u/s 138 N.I act ?

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Answered on 4/11/11, 4:27 am
Shrichand Nahar S.V.Nahar, Advocate

1. Admission of an appeal against acquittal depends on several factors. Broadly speaking, if the Judgment of Acquittal is well written by the lower court, then chances of appeal being admitted are very bleak.

2. Since the Appeal against Acquittal is yet not admitted, question of its transfer does not arise. After admission of appeal, you may approach the Supreme Court for transfer of appeal from the Bombay High Court to the High Court at Kolkata.

However, since for opposing admission of an appeal against acquittal, your personal presence is not necessary and if you have good counsel to represent then you may not be required to come time and again to Mumbai.

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Answered on 4/11/11, 10:03 pm


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