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What is the remedy for a person Convicted In 138 N.I act?


29-Dec-2023 (In Cheque Bounce Law)
The accused convicted by the court passing ex-parte order. What remedy he has now? Appeal under 374 crpc or revision before sessions 397 crpc??? Thanks in advance
Answers (3)

Answer #1
644 votes
dear client . as you had not provided the clear picture or summary of your facts without getting the clear picture of the case that is already ex-parte. it is not advisable to know the proper remedy

Answer #2
585 votes
You can approach the Session's/District Magistrate by way of an appeal stating the reasons of your absence before the trail court and get the conviction set-aside.
The Revision is preferred when the right to appeal has already been exhausted.
Answer #3
807 votes
Hello Querist
If a person is convicted in a cheque bounce case then he can file an appeal u/s 374 (3) Cr.pc before the session court. Alternatively revisions can also be filed u/s 397 Cr.pc but on a very limited grounds such as whereby the correctness, legality or finding of impugned sentence or order is challenged.

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