Dear Panelists,
I have been fighting a cheque bouncing case since 2013. The accused had furnished a cheque in Nov. 12 and the same bounced. Even after reminders and legal notice he did not pay and thus the matter went legal. July 2015 the verdict by JMFC came in my favour. The accused now was directed to pay the entire amount and undergo 1 yr. simple imprisonment. The accused contested in the sessions court for placing additional evidence u/s. 391. The same got turned down. The accused then moved the Mumbai HC with the same appeal of adducing addl. evidence. The Mumbai HC put a stay on the matter in the sessions court and the argument could not take place. In 2018 June the HC passed a vacate of stay but in an ambiguous language. Even so, thereafter dates keep cropping up. Whence we presented the same judgment in the sessions court stating that the stay is vacated and hence the court should carry on with the proceeding of argument the judge asked us to secure a confirmation about the stay being vacated. My Mumbai HC Lawyer has unfortunately been lacklustre in his approach and despite several requests he is reluctant to secure any such clarification from the honorable judge. Meanhwihile, the accused is fully taking advanatge of the situation and is neither coming in for an argument nor clearing the stand regarding stay. For him, since guilty delaying the whole proceedings to the furthest works perfectly fine. Of course, this has affected me very badly. It is now close to 7 yrs. I am fighting for justice. Now, I need some solid advice as to how well the impasse can be resolved. The next date of hearing in HC is Sept. 15 while that in Sessions court is on December 15. Need constructive advice. Thanks
-Abhishek
