Legal Question in Criminal Law in India

Re: section 138

Hearing of an appeal is not controlled by any party thereto.

Personal appearance of a party in an appeal is necessary only if Court order so.

There is no express time limit prescribed for hearing and disposal of any case before any court. However, general mandate is to the effect that all the cases should be heard and disposed of as expeditiously as possible.

If you think that your matter is not taken-up and heard without any reasonable cause, then you can approach the High Court and get and order of time bound disposal of the matter.

Re: section 138

When you have appointed an advocate, you should ask such question to him. Anyway, there is a limit for exepmtion of an Appellant{Accused) convicted under any offence. The delaying of the matter depends on the judge.

Re: section 138

You have to convince te Judge that the excuse given is just false. Depending upon his board of cases, the apeal can be heard on any single day. However there can be no limits as far as exemptins are concerned. Every time it may depend on the particular situation. Neverthe less this can be s good ground for seeking indulgence from the High Court.

Re: section 138

It all depands on the movement of the court and judge.

Please ask your appointed advocate for this matter.

Re: section 138

Depends on the discretion of the judge.