Legal Question in Criminal Law in India

section 138

What is the course available when the lawyer and appellant who has been sentenced to imprisonoment and compensation resort to delay tactics in the hearing which could not start even . reasons for not starting the hearing

1. last chance given by judge when appellant absent

2. appellant says he wants to compromise

3. lawyer says some of relative of appellant has died so appelant absent

4, Again last chance by Judge

5. Lawyer asks for time till 1.30 Pm and does not come till 4 PM

I dont know what will be the reason next time

Can we have solution to this problem or this is perfactly normal in judiciary


Asked on 5/02/08, 4:24 am

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

Re: section 138

You should be posing this question to the Judiciary.

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Answered on 5/02/08, 4:42 am
Homi Maratha N.N. Maratha & Co.-Advocates

Re: section 138

There a simple answer to all of your questions.

If you dont have enough faith remaining in your lawyer then change the lawyer.

The solution is already there so go for it.

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Answered on 5/02/08, 6:59 am
Aniruddha Pawse Aniruddha.P.Pawse Advocates

Re: section 138

Your lawyer needs to press the matter to the judge convincing him that the proceedings are purposely delayed.

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Answered on 5/02/08, 7:49 am


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