Legal Question in Criminal Law in India

Chq bounce - NI Act 138

Hi, Case against me has been filed. We know the chq was never got bounced from my A/c. Both bank has confirmed this. Whole case is based on letter and not on actual chq return memo of my bank. Complainant still going ahead. We filed revision in session court but order has not yet come. Plea recording date approached in lower court. After plea recording, in lower court, can we still go in high court for revision. We know few legal point in vakaltnama, which are is not as per the law.

We have heard that once plea is recorded we cannot approach any other court for revision/recall of order passed by lower court. Is this true ? What is the exact procedure for revision and till what time we can file revision in higher court.

Please help


Asked on 3/25/08, 7:33 am

5 Answers from Attorneys
Homi Maratha N.N. Maratha & Co.-Advocates

Re: Chq bounce - NI Act 138

This is not the right time to seek advise online advice. It would be better if you contact a good local lawyer.

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Answered on 3/27/08, 3:38 am
Shrichand Nahar S.V.Nahar, Advocate

Re: Chq bounce - NI Act 138

You have already filed a revision in the Sessions Court and you can approach High Court only after disposal of revision.

You may consider withdrawing revision before sessions court with liberty to approach high court and move high court for quashing.

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Answered on 3/26/08, 1:38 am

Re: Chq bounce - NI Act 138

What was your plea?As such there is no law.

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Answered on 3/26/08, 2:06 pm
Vivek Mapara Vivek N. Mapara

Re: Chq bounce - NI Act 138

Once process is issued, the same cannot be recalled. You can however file petition under Section 482 to quash the process. However revision will not lie.

Consult a good lawyer, do not conduct the case on your own, by taking online advises.

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Answered on 3/25/08, 11:36 am
Aniruddha Pawse Aniruddha.P.Pawse Advocates

Re: Chq bounce - NI Act 138

Consult a local lawyer immediately.

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Answered on 3/25/08, 11:41 am


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