Legal Question in Criminal Law in India

section 138
I have been awarded sentence and compensation by lower court under section 138 .My plea for being declared sick and ordered to draw current assets for day to day work did not find any favour with court.I have given post dated cheques when BIFR proceedings were on and by the time cheques were presented the BIFR order was passed .Legally I was not to be blamed as per judgement of Kusum Ingot . I have ensured that opposit party was not informed about ongoing proceedings but only letter was sent to the party for not deposting thef cheque and refering BIFR. How can I escape On appeal in session court? can I bring in fresh evidence to escape punishment? BIFR order has overriding power over criminal court or not.How do I argue the case.

Asked on 11/24/08, 5:38 am

6 Answers from Attorneys

Aniruddha Pawse Aniruddha.P.Pawse Advocates

0 users found helpful

0 attorneys agreed

Re: section 138

Your lawyer will do it for you. Hire a good Sr lawyer

Answered on 11/25/08, 5:55 am

Mark as helpful

RAJIV GUPTA (Cell: +91 9811284735) [email protected]

0 users found helpful

0 attorneys agreed

Re: section 138

your case pertains to which state in india. what is the outcome of BIFR proceedings. have u taken the same as defence in the court. did u lead any evidence in this regard when ur statement u/s 313 was recorded. you need to show ur entire case to a lawyer to succeed in appeal.

Answered on 11/24/08, 6:00 am

Mark as helpful