Very urgent

If once the case in High Court disposed off on  6/12/2013, it takes time to reach the said order to the trial court. Nothing will be happened within a span of 5 days, it is not possible to issue warrant against you. So go and verify personally in the trial court or consult your advocate.

Thank you very much sir, I have called him up, and he said he will restore the stay within a week, and then he will go to trail court  with the stay order, according to him stay got vacated due to No prosecution/presence hence it can be restay by high court.

Is this possible ?

No it is not possible, once the high court disposed the case, a fresh case only is the next course.

You are accused, in general HC does not dispose of such cases without getting into the merit, because your written argument in support of quash shall be in front of HC. Still if it is done, then it is done. It was negligent on the part of your counsel not to ensure continuation of proceedings in front of HC.

In the order HC would have mentioned a presence date for you in front of trial court, find out from the HC order and make yourself present in front of trial court as per the order.

Thank you very much sir, I have talked to my friend who is also a high court practitioner, what he says that there is nothing specified  in high court order except, "The case is dismissed due to non appearance of the petitioner/council",   and he also talked to my lawyer and he assured him that he will file a restoration before high court on tomorrow, then the course of action will be taken.

I would like to elaborate the case in front of you sir, I urge you to go through below and please please........ coment your valuable suggestions.

We were in love over 4 years, I have spent a lots of amount for her study. In 2008 she sent me a letter stating that I’m not that kind of person whom she is looking for hence she is breaking our relationship and she will not be a hurdle for me in future if I want to marry someone else, if she did so, then I can show her letter to police, this is what the letter was written to me, but again in Nov-2008 she asked me to marry her or pay he Rs. 5 lakh if I want to leave a free life, which I have  denied then she went to police station and police called me and my family, but when I showed all her messages and letter to police then policy called her father and then it was mutually decided, we should go for a registrar marriage, and then we have applied for a registrar marriage,( I have the marriage application/receipt copy) and she called me for a meeting after 5 days of the marriage application, I was blank about her plan, when I reached the decided place I found her with her two brothers and one friend they all demanded me to pay her 5 lakh rupees that because she don’t want to marry me or else she will make another case against me and my family for dowry, which I have denied, hence we had a word fighting and slowly its turn real fighting they all beat me and one of them pressure me to sign some blank paper at knife point and snatched my wallet where there was some amount and a signed cheque, then immediately I went to my lawyer and he advised me to lodge a police complain but police did not take my complain due to the absence of the officer, the officer was out with some ministers duty, then I have made a complain before SDJM, and SDJM ordered to police to lodge a FIR & record my/our complaint, and submit the investigation report, our statement have been recorded in Nov-2008, and I have got one FIR copy also, then till 2012 police only harassed me and witness in the name of investigation, then I have moved high court for inaction of police, then I came to know police has already submitted final form before concerned court in Aug-2012, but till date I have not received any intimation from the court nor from the police, hence I am trying to file a protest petition yet.

In between that girl acted smartly and feel the blank cheque in her handwriting and deposited into her bank and got bounced due in sufficient funds, then she send a demand notice to me, and my advocate replied her stating the real fact, then she initiated a NIA 138 case against me and I have approached before High Court for quashing but it got stayed, and 6^th of this month it got dismissed due to non appearance of me/my advocate, rest I have stated above.

She file the case before SDJM through affidavit, and her demand notice says that she loaned me the amount for my personal needs through depositing the amount in my bank account, but she does not have the deposit slip, and also it cannot be produced before court, in any manner, and in her complained case she says she deposited the amount into my account for for a laptop, and in demand notice she says she has received the cheque from me at X place and in complained case she says  the cheque was in her possession since two month before deposit, and I have handed over the cheque to her in Y place, she also refuse to admit that we know each other neither we had any kind of relationship.

I have some of her e-mails where she clearly stated that she will leave me after finishing my career/life, I have also submitted this her all mail to police,

I have made maximum bank transfers to her account, which can proved our relationship, but does not has anything to prove that she had given me a loan or so.

I have some of our joint photographs and her letters which will proves that we had a relationship.

The sections they were booked in IPC 341,323,294,384,506,34 FIR date. 28/02/2009

I request you to suggest me if you really think that I have a merit to fight and win the case,

1- Can I still file a protest petition

2- Can I be acquitted from the case through above evidence?

3- Do i have any other way if protest petition did not grant before the court,

4- My move before high court to reopen the case will be advisable,

5- As my advocate and friend says, complainant should not be suffer in the negligence of advocate hence the satay restoration is possible,

6- Is there any chance that, trail court may issue any order against me without my knowledge.

7- Can i change my trail court advocate giving authority to my new advocate without taking any NOC from earlier advocate.

Your suggestions are highly appreciated.

Regards

Sunil

Please respond sir..............

1. Please confirm if there is any reference to this cheque in your FIR or report submitted to police..

2. If yes, then please compare the date of receipt of cheque by her as stated in her complaint (affidavit).

If the cheque has mention in your FIR of prior date and she mentions the same at a later date, then you have  a good chances of getting out on this score alone.

Thank you very much sir, yes I have mentioned cheque detail in my FIR and before SDJM complaint case  also,  I have reported 28/11/2008  and she has mentioned her date as 09/01/2009

And rest of thing what she says I have mentioned above.

Now discuss with your lawyer, bring to his notice this falsehood of complainant, make sure that it is not incriminating to you ( I do not know what stand you took in FIR with respect to this cheque). Once you and your counsel are convinced that this falsehood will negate the case of complainant then your counsel will move suitable motion to get you out of this.