Filing appeal against acquittal of Accused

In Cheque Bounce Law
I sold machineries of my company...24 lakhs by written agreement and 3.50 lakhs by oral agreement \n\nPayment in respect of 24 lakhs completed by accused \n\nAs per Oral agreement, he gave a ch for 3 50 lakhs on 29/4/2016, replaced it with another chq on 16/8/2017.\n\nAfter the last payment pertaining to written agreement, he requested to reduce the Oral agreement amount, which I did by reducing it to 2.50 Lakhs.\n\nAccused issued 3 cheques for 1 lakh, 1 lakh and 50000/- dt 15/8/2017, 15/9/2017 and 30/9/2017.\n \nThese cheques were issued after the execution of Sale Agreement for 24 lakhs, on 22/6/2017.\n\nThough liability on the part of accused, has been established, trial court has aquiited the accused on the ground that Oral agreement is not valid.\n\nIt failed to consider the overall circumstances, and especially S 10 of the Contracts Act, while delivering judgement.\n\nNeed Legal opinion to proceed further.\n\nI am in Chennai.

Answers (1)

298 votes

As long as you can establish that there was oral agreement in continuation of a written agreement and as a consequence some goods or products were delivered to the accused you have a case for appeal. Acquittal based only on the validity of oral agreement is not good and you can prefer an appeal.

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