138 NIA APPEAL for conviction in 10 cheque bounce cases

Tilak Marg Forum for Legal Questions Forums Criminal Law 138 NIA APPEAL for conviction in 10 cheque bounce cases

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    • #4234
      Jai
      Guest

      Learned Advocates,

      One of my friend was a accused in 138 case where he had given 10 cheques each of Rs 100000,Â

      The complainant had filed 10 complaints in trail court and all were in the same Magistrate’s courtÂ

      Now he recently got convicted by the order of trial court in all the 10 cases.Â
      The sentence is for 1 year in each case plus cheque amount, and if not paid then additional 4 months

      Accused is not in a position to pay the amount of cheques

      Now if we want to appeal in District court then do we have to file 10 appeals or we can combine all in one, if yes then under what section??Â

      What should be our prayer…. To reduce the sentence or to set aside the order……CAN WE WRITE BOTH? IF YES THEN UNDER WHAT SECTION?

      Thanks in advance

    • #4236

      Firstly, you have yourself not clarified as to whether these cases in respect of 10 bounced cheques were conducted separately or together. Whether there was a single complaint and a single trial, or multiple complaints and multiple trials?

      Usually, under the provisions of Section 219 of the Cr.P.C., not more than 3 cases of the same type occurring with 12 months can be tried together. What was the factual position in your case?

      The appeal will also have to be filed accordingly, depending on how the trial was conducted, i.e., whether separately or together.

      If all the cases were tried separately by the trial court, and there are separate orders of conviction, then you may have to file separate appeals.

      Generally, appeal is filed for setting aside the order of the trial court, which means setting aside the order of conviction as well the sentence. It is advisable to challenge the conviction itself. If the appellate court upholds the conviction, then you can request for reduction in sentence. So, it should be possible to make a prayer to set aside the conviction and in the alternative to reduce the sentence. It would be advisable for you to contact some local lawyer and show him the relevant papers.

           


      Dr. Ashok Dhamija is a New Delhi based Supreme Court Advocate and author of law books. Read more about him by clicking here. List of his Forum Replies. List of his other articles. List of his Quora Answers. List of his YouTube Videos.

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