Procedure to file an appeal regarding sec 138 NI act


Learned Advocates, One of my friend was a accused in 138 case where he had given 10 cheques each of Rs 100000,  The complainant had filed 10 complaints in trail court and all were in the same Magistrate's court  Now he recently got convicted by the order of trial court in all the 10 cases.  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??  What should be our prayer.... To reduce the sentence or to set aside the order....... Can we write both? If yes under what section? Thanks in advance


Answers (2)

Dear,
in your matter its not clear what kind of help you needed because first things this matter you are a party and want legal help otherwise you are a advocate and want advise second things your issue not clear what the reason dishonor cheques and what illegality in your matter.


Googling your legal issue online?

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

Learned Advocates, One of my friend was a accused in 138 case where he had given 10 cheques each of Rs 100000, The complainant had filed 10 complaints in trail court and all were in the same Magistrate's court Now he recently got convicted by the order of trial court in all the 10 cases. 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?? What should be our prayer.... To reduce the sentence or to set aside the order....... Can we write both? If yes under what section?

Under the above 138 case ten different appeals will be filed.

Popular Cheque Bounce Lawyers

Advocate Sunil Kumar Bakshi
Sector-16, Faridabad
32 years Experience
Advocate Saifuddin Saifee
Maharani Road, Indore
18 years Experience
Advocate Jai Shiv Darshan Giri
Santoshi Nagar, Ring Road Chowk, Raipur
14 years Experience
Advocate J. P. Rinwa
Swej Farm, Sodala, Jaipur
18 years Experience

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 Articles


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

Legal Services

15 Minutes Cheque Bounce Advice Session by Phone

4.8 | 104 ratings
Legal advice and answers from a local experienced advocate about your Cheque Bounce issue
Legal Notice / Reply to Legal Notice

4.7 | 83 ratings
30 Min Intro call + Start to finish help - Send a legal notice through an experienced advocate
Similar questions

I won the 138 case in lower court and in the accused moved to next higher court with his appeal but the appeal has also turned down. Now for last one …

Read More

After one year from cheque bounce can we file the cheque bounce case under sec 138 of NIA 1881. under section 142 c of NIA 1881 can we file case with …

Read More

I have been given a cheque of approximately 45 Lacs by builder, from whom I have purchased a flat. The half payment was made since long. Now the build…

Read More

I had given Checque in favour of a co and was returned . The director of the company in individual capacity has registered case u.s 138 against me. Do…

Read More

Talk to a lawyer for your legal issue