Respected Sir, I have filed a case against the accused u/s 138 N.I. act, during the trial the accused in open court confessed, his statement was recorded u/s 242 Cr.P.C and admitted that he will make payment and affixed his signature on the margin of the order. The Honorable Sub-Judge said in his order that " it is sufficient for satisfaction of section 58 of the Evidence Act that is facts admitted need not to be proved".
Sir, my query is that whether the convicted person, has the right to appeal against the judgment given by the Honorable Court, when he himself confessed in open Court and admit that he will pay the amount.
Sir, it will be your great kindness if you provide some Laws under which he cannot appeal before the higher Court or some examples. Thanks
1 Answer from Attorneys
Yes, a convicted person has right to appeal, the said right is provided by the statute. As for my knowledge their is no law which prohibits a convict even if he himself confessed in the open court and admitted that he will pay the amount, except the Law of Limitation.
The basic principle is a Right exists but remedy is extinguished by virtue of Law of Limitation. but for limitation their is no law which restricts or prohibits an appeal to a higher court.
Related Questions & Answers
I had issued cheque 8 or 9 years back to a company, which they have deposited now as... Asked 2/17/11, 3:30 am in India Criminal Law
In acriminal case there are 8 accused accused5 wasabsconding and his case was... Asked 2/17/11, 3:26 am in India Criminal Law
What is the status of complainant witness unlisted in police challan for 324 IPC Asked 2/17/11, 2:01 am in India Criminal Law
Respected Sir, I have filed a case against the accused u/s 138 N.I. act, during the... Asked 2/17/11, 12:38 am in India Criminal Law
If any person who gets bail on 498a case on agreement. if he missuse the agreement... Asked 2/16/11, 11:59 pm in India Criminal Law