How to file defamation for false n frivolous case of cheque bounce

In Criminal Law
On 23.8.2016 i was declared acquitted from 3 cases u/s 138 which were false and frivolous. In judgment it is clearly mentioned that there was no any existing liability towards accused. Now i came to know that the party has filed appeal in high court against all 3 judgements and is yet not approved. Kindly suggest me can I choose to file case of defamation civil n criminal as the time is over 1 year of judgement. Thanks

Answers (3)

148 votes

Is the cases r pending in High Court and which is the high court? If the cases are pending in high court..... You can not file any kind of defamation case. First of all.... You must fight at high court.

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331 votes

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.

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332 votes

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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