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Reg: Delay in filing an appeal in Supreme Court
27-May-2023 (In Supreme Court Law)
Dear Sir/ madam,
I am writing on behalf of my father, who was a complainant in a case U/S 138 of the N.I. Act, lost the case at JMFC and also at High Court. The decision of the High Court (uphelding the acquittal granted by JMFC) came in March-17. We appointed a lawyer to file an Appeal at Supreme Court, who has not done it till now. We were not very much aware of time limitation regarding filing which now only we got to know. Now, we wish to look for another lawyer. Before that we wish to know whether there is any possibility that this delay of around 2 years would be condoned by the Court and if there is any point really in going ahead.
Kindly guide, please.
Delay in courts can be condoned if the same is substantiated with a sufficient cause. You can still go in for an appeal to the Supreme Court after 2 years of delay.
As to the fact whether you should approach the Supreme Court or not will depend upon the amount in question, the reasoning given by high court in dismissal, the evidence recorded at the star of trial court,etc
As to the fact whether you should approach the Supreme Court or not will depend upon the amount in question, the reasoning given by high court in dismissal, the evidence recorded at the star of trial court,etc
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Adv. Rhea Luthra
Delhi | 100+ Answers
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hello anup hru.
as your are stating tht a fraud is been played om your father bame by an advocate of supreme coury of india.to file a matter of 138 in supreme court. but after 2 years you cam eto knw tht ur case has not been filled and advocate is trying to fool you.as well as there is delay of 2 yeras now for filling of the appeal. in this matter case can be filled even after delay of 2 years but we need to staisfy the supreme court tht we are correct om or point.tht due to advocate the appeal got delayed.
as your are stating tht a fraud is been played om your father bame by an advocate of supreme coury of india.to file a matter of 138 in supreme court. but after 2 years you cam eto knw tht ur case has not been filled and advocate is trying to fool you.as well as there is delay of 2 yeras now for filling of the appeal. in this matter case can be filled even after delay of 2 years but we need to staisfy the supreme court tht we are correct om or point.tht due to advocate the appeal got delayed.
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Adv. Vishwanath Pratap Singh
Delhi | 500+ Answers
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Hello sir. I have perused your query. Although the delay can be condoned in appropriate cases, any lethargy by the lawyer in filing the appeal has not been recognised as a ground warranting such condonation. Please feel free to reach out to me in case you wish to discuss the matter in more detail.
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