Pune | 29 Mar, 2022 (8 months, 1 week ago)

Criminal Law

Stay Order from SC on an ongoing criminal suit

U/s. 138 of the NI Act, I the plaintiff had won verdict against the defaulter in 2015. After various proceedings and delays the matter is now up for argument at the sessions court. The opponent is reluctant to argue knowing that conviction in the sessions court may result in he serving the sentence possibly behind the bars. Under various pretexts he is trying to evade. He tried to bring in injunction by lodging false information in a diary with the SC. That eventually proved defective and the time elapsed. Seeing his attitude, I am apprehending he may do the following : 1. Will not initiate argument in the Sessions court thus forcing the judge to open argument from our (original plaintiff) end 2. In the interim try to bring stay order or injunction from the SC. My qs. is is this possible that while an argument is on in the lower court in a criminal case the accused may bring in any sort of review or stay (even before the argument could conclude or even after argument is concluded and the judgment is likely reserved. Please note, here the assumption is he will not argue at all in the sessions court) If such a stay actually takes place will that negate argument/judgment passed
Answers
29 Mar, 2022 | 21:27

Whatever applications/writ petitions are filed in superior courts can be contested.
There are various remedies available to accused persons which they are likely to exhaust.
Seems like the accused here trying to delay proceedings in the sessions court.


Asker 31 Mar, 2022 | 15:44

Thanks Sir. My qs. is suppose on April 11 the Judge orders to argue and since the accused won't initiate the burden to open the argument may fall on me. Suppose on that day the argument only happens from my end the accused pretends to defer or requests next date for argument. The judge grants the accused 15 days to present his side. Now, my qs. in the interim can he file a suit/review application in superior court to stall the proceedings at the sessions court. That way he may achieve couple of things : 1. He would know all my argument. 2. He may stall the proceedings at the sessions court . Worse if the Judge reserves the judgment he may bring a stay to the same. Hence my qs. is Can he legally do this while an argument is on and judgment is reserved?

Asker 31 Mar, 2022 | 15:41

Thanks Sir. My qs. is suppose on April 11 the Judge orders to argue and since the accused won't initiate the burden to open the argument may fall on me. Suppose on that day the argument only happens from my end the accused pretends to defer or requests next date for argument. The judge grants the accused 15 days to present his side. Now, my qs. in the interim can he file a suit/review application in superior court to stall the proceedings at the sessions court. That way he may achieve couple of things :

stay-order-from-sc-on-an-ongoing-criminal-suit-1906368

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