Legal Question in Criminal Law in India
Review petition in SC in SLP(criminal)
A case u/s 138 of four cheques dishonoured, by delay tactics of about four years in trial, at time of decision after arguments, a draft equal to face value of cheque is deposited, complainant gave an application before trial court that the said draft should be given and if accused objects, another charges u/s 422 IPC should be added and taking of draft should not be considered as compromise and case should be decided on merit. On this accused consented to give the draft to complainant. After this, Trial court ordered three months sentence and extra 1/3rd of face value of cheques in compensation. Against this, accused appealed, while complainant in revision for enhancing sentence and compensation in Court. Accused enclosed 1/3rd amount draft At ADJ and complainant gave same application as in trial court. Session court dismissed the revision and allowed partly appeal by setting aside sentence of three months and extra 1/3rd amount got given to complainant, the draft got by complainant. Agrieved, complainant came Supreme court SLP(crmnl.) because IInd revision is not allowed in H/C either u/s 391 or 482. SC dismissed SLP without assigning any reason. Can a review petition be filed in S/C against this.
3 Answers from Attorneys
Re: Review petition in SC in SLP(criminal)
Check with SC lawyer. Rules and procedures of SC are different. I am told my one of my clients that for review in SC, certificate of two senior counsels is required that it is a fit case for review.
Re: Review petition in SC in SLP(criminal)
consult a sc advocate
Re: Review petition in SC in SLP(criminal)
No review may be maintainable. The lis should be put to an end.
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