Legal Question in Criminal Law in India

section 138 necessary steps

After being sentenced to 1 year imprisonoment and compensation ,the accused filed appeal in session court. He remained absent on 4-5 occassion.

The judge after finding him absent again gave the following instruction

The Complainant / respondend is permited to take necessary steps against the appellant . What steps are possible in this case which complanant/respondend can take.


Asked on 2/25/08, 11:48 pm

5 Answers from Attorneys
Corpus Global Corpus Global

Re: section 138 necessary steps

Is it an oral instruction or an order passed by the sessions court. If it is an order, the method of steps would normally be given in the order. If the order does not speak about the nature of steps, then it might be the general practise of the court in following a certain steps such a "Issuing Summons" or "Paper Publication" etc. Kindly consult a local lawyer to know the exact position.

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Answered on 2/26/08, 1:22 am
Homi Maratha N.N. Maratha & Co.-Advocates

Re: section 138 necessary steps

Whats the exact position?

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Answered on 2/26/08, 1:37 am
Shrichand Nahar S.V.Nahar, Advocate

Re: section 138 necessary steps

Best recourse would be to pray for hearing of appeal on merits and get it so decided.

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Answered on 2/26/08, 5:00 am
Aniruddha Pawse Aniruddha.P.Pawse Advocates

Re: section 138 necessary steps

Order of the court would require to be peruse

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Answered on 2/26/08, 6:18 am

Re: section 138 necessary steps

You may approach trial court for imprisonment of accused and for execution of trial court order.

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Answered on 2/26/08, 11:24 am


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