Appeal After Conviction Under Section 138 NI Act in West Bengal
After conviction in a cheque-dishonour case, appeal planning should begin from the judgment, sentence order and complete trial record. Limitation, suspension of sentence and monetary directions require prompt attention.
Section 148 Deposit
Section 148 NI Act empowers the appellate court in the circumstances specified by the statute to order deposit linked to the fine or compensation awarded by the trial court. Supreme Court authority explains that such a deposit is normally justified while recognising an exceptional-case discretion, for recorded reasons, where the condition would be unjust or deprive the appellant of the right of appeal.
Prepare the Appeal Record
- judgment of conviction;
- sentence or compensation order;
- complaint and exhibits;
- cross-examination and defence evidence;
- relevant interlocutory orders; and
- certified copies and limitation chronology.
See
Sections 118/139 presumption and defence and
defence assistance.
General legal information only.Increeda Law Firm · Kolkata
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Share the present stage, relevant documents and any approaching deadline so the appropriate service route can be considered.
General information only. The appropriate remedy depends on the facts, documents, limitation, forum and applicable procedure.
