Legal Question in Criminal Law in India

have filed case against one person here in pune District court for cheques return as the party had issued 3 cheques to me and 2 cheques to my father all the description like cheque no amount and cheques dates were different but all the cheques had being bounced in the same month.

Thus me and my dad both filed a criminal case against the person who issued the cheques for to recover the amount of the cheques which is with him.

Thus he filed an application that under section Criminal Procedure Code (Cr.PC) Under Section:-

Constitution of India 227 here in pune for to continue the matter at one trial.But the application was rejected as i said that the cheques were issued to me and my father at different dates and the amount was also different thus the application was being rejected in the pune district court.

But the accused filed the cr petition in High Court under Criminal Procedure Code (Cr.PC) Under Section:- 482 Constitution of India 227.And on the 1st date the court has aksed to issue the notice to us.But no Stay was being granted.

Thus the stage here in Pune court was to take the cross and thus he failed to take the cross and order was passed stating no cross.And now the stage is of High Court and the date is of 29-04-2010.

Sir sorry to disturb you but sir shall be highly oblidged as what can be done is this case as sir i dont have money to pay the fees of High Court Advocate nor i can afford to get this matter delay..Thus can i stand in the high court on behalf of myself?and can i file an application as a reply for the notice which till date i have not received but if at all i receive then can i file an application myself.And sir the accused who has issued the cheque is trying to prolong the matter for no reason.

Please sir help me out to get a solution for this matter as shall be highly oblidged to you sir. Waiting to hear from you at the earliest please reply me sir pleae mail me waiting for your reply from 22 april 2010. my previous Secret Access Key: d5QNVbky37.

Thus kindly reply waiting for your reply in return.


Asked on 4/28/10, 12:32 am

1 Answer from Attorneys
Shrichand Nahar S.V.Nahar, Advocate

Any party to a proceedings can appear in person in his own case before any court.

In the high court on has to submit his reply by way of Reply Affidavit with copies of all documents relied as annexures. You can prepare such Reply Affidavit with the help of your lawyer in Pune Court and submit personally in the high court.

Unless you get Notice from the high court, you need not appear.

If there is no stay granted by the high court to the proceedings in the lower court, the lower court can proceed with the matter in accordance with law.

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Answered on 4/28/10, 3:51 am


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