LawRato

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.


Googling your legal issue online?

The internet is not a lawyer and neither are you.
Talk to a real lawyer about your legal issue.

LawRato

Popular Cheque Bounce Lawyers


Advocate Sunil Kumar Bakshi
Sector-16, Faridabad
35 years Experience
Advocate H Gouri Shankar
Banjara Hills, Hyderabad
26 years Experience
Advocate Rajeev Nigam
Kanpur Nagar, Kanpur
28 years Experience
Advocate Bala Janaki
330 Thambuchetty Street, Chennai
37 years Experience

Report abuse?

Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Cheque Bounce Lawyers at lawrato.com to address the specific facts and details. You may post your specific query based on your facts and details to get a response from one of the Lawyers at lawrato.com or contact a Lawyer of your choice to address your query in detail.

Related Questions


"lawrato.com has handpicked some of the best Legal Experts in the country to help you get practical Legal Advice & help."



Related Articles