1. When convection has been granted then preferring an appeal and applying for stay on sentence remains the top most priority under the present circumstances.

2.SInce the proceeding in DRT is quasi civil in nature and summary in procedure its outcome may not determine the fall out of the appeal to be preferred agaisnt.

3.Howeevr the decree of permanent injunction is likely to be of help to the appeal case as order of civil court is binding on criminal court.

4. So no new case in Calcutta will help tide over the situation in present circumstances.rather the appeal can resolve the contextual anomaly and will help immensely the appeal to set aside the conviction.

If the relevant papers are shared with me then further advice can be given.

1) it is necessary to peruse order passed by additional sessions court convicting accused to advice

2) proceedings before DRT are for recovery of money

3) criminal case Is for punishment for commission of offence

4) accused can appeal against conviction order in HC if prosecution has failed to prove case beyond reasonable doubt

Hello,

Definitely you can file a crimjnal appeal in the HC, as the court has passed an erroneous judgement based on wrong reasons.

Contact a local lawyer and file a complaint at the Calcutta High Court.

Regards

1. Please clarify how "Based on this, Certificate proceeding against accused was dropped at DRT" since certificate case is filed before Civil court and not before the DRT where SARFAESI Application is filed by the Borrower and Original Application (O.A.) is filed by the lending Bank. Was it an Original Application filed by the Bank as per Recovery of Debts Due to Banks and Financial Institution Act, 1993 which you are referring as certificate case?

2. Calcutta High Court has granted permanent injunction against Bank for recovery from accused under B&O public demand recovery act or any other recovery proceeding and not on any criminal proceeding.

3. On the face of it, it appears that the Court is not in awarding order against the accused in the criminal case which has not been affected by the order of the Calcutta High court.

4. However, immediately appeal against the said order before the Patna High Court also filing an application for bail till the appeal is disposed of.

1. If conviction has been made then file an appeal and seek the suspension of the sentence imposed.

2. The DRT proceedings operate in a separate and distinct sphere which do not have a direct bearing on the appeal. The judgment of the civil court is binding on the criminal court.

3. However, the decree of permanent injunction passed by the Calcutta High Court did not prevent a criminal prosecution. Irrespective of the permanent injunction granted by the HC the criminal court could still decide whether the offence has been committed or not.

4. Perusal of case papers is required to form an opinion. So consult a lawyer with the complete case papers.

Can`t under stand, show case documents.

The Calcutta high court has granted permanent injunction against recovery only and not for the criminal complaint against the accused,

Therefore that judgment is not binding on this criminal complaint against the accused.

The criminal complaint is against the cheating and other related criminal offences.

The accused can prefer an appeal before the appellate court against the grievances due to the judgment.

What is the criminal complaint and against whom do you plan to file in Calcutta?