How to file defamation for false n frivolous case of cheque bounce
In Criminal Law
Answers (3)
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As the tendency of appeal amounts to continuation of the trial case, therefore, your matter is pending subjudice. The order/judgement of the trial court has not become final so far. Hence, this is not the stage to file a suit for recovery of damages or defamation.
in my opinion, you need to contest all the appeals, in case appeals are decided in your favour, you need to wait for the time of further appeals/revision, once the time to file further appeals/revision is passed and no action is taken by the other party, you can file a case for recover of damages/defamation.
In case further appeal/revision is filed, you have to wait till the finality of the order/judgement. Once the order/judgement is final you can file your case.
Filing appeal in high court is a right vested in every citizen, and hence cannot be termed as defamation, even though you may have been acquitted, with observation that there was no any existing liability towards accused. You may need to wait till the matter is decided by highest court of appeal, and after your acquittal there as well, it may be possible for you to proceed against the complainant.
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