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)


156 votes

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.


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331 votes

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.

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