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Anil Agrawal (Retired)     03 June 2009

Cheque bounce

 If there are 4 accused and the complainant deliberately serves summons only on tw of them, can the case go on. The case was filed in 1998 and not a single hearing has taken place so far. It may sound strange but strange are the ways of our criminal justice system. You raise your voice and get hauled up for contempt of court.



Learning

 4 Replies

Bhaskaran Advocate (Lawyer)     04 June 2009

The case will move on with the two Accused.   The other two Accused will get deleted by the Magistrate since steps are not taken on them.     I suppose it is a company cheque.

Swami Sadashiva Brahmendra Sar (Nil)     05 June 2009

i agree

Anil Agrawal (Retired)     24 June 2009

It is a private complaint by one company against the other. The case is going on for the last ten years. The complainant managed to serve summons on 2 directors and deliberately omitted to serve summons on the other two. No action taken either by the court also. How their names will be deleted? If ultimately, it is found and proved that the persons whose names have been deleted are the real accused and not the ones who have been suffering for 10 years, what happens? How the case can proceed without all the accused having been served with summons? Death is altogether a different matter.

RAKHI BUDHIRAJA ADVOCATE (LAWYER AT BUDHIRAJA & ASSOCIATES SUPREME COURT OF INDIA)     25 June 2009

I'm suprised to listen that the  case is pending since 1998 & till yet there is only date of hearing! Sorry to say but what a judicial system! Someone rightly said JUSTICE DELAYED IS JUSTICE DENIED. As per as  the case is concerned, the summons should serevd upon all the accused 


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