138n.i.act
gaurav
(Querist) 28 November 2010
This query is : Resolved
sir,
delhi high court has passed one judjement in favour of complainant to complete the trial with in six months. the judgement passed from the court of s.n.dhingra. can you provide me the same as my case is pending for the last 4 years on cross xamination.nw can i filed an application to complete the trial with in six months by quoting the sme judgement?? plz help me
Devajyoti Barman
(Expert) 28 November 2010
That type of orders does not have blanket effect. To obtain smilar type of order for expeditious trial you will have to move the High Court.
H. S. Thukral
(Expert) 28 November 2010
Are you talking about the judgment in case of cheque dishonour case ? Yes it is a very important judgment and I want other members also to go through it. It stresses the complaint to be tried summarily and not as a summon case. You can go through the judgment on Delhi High Court Portal in tab High Court Judgments in PDF and the judgment is titled Rajesh Agarwal v State decided on 28th July 2010.
The subordinates courts of Delhi have been directed to follow the procedure mentioned in the judgment.
Devajyoti Barman
(Expert) 28 November 2010
Yes it turns out to be an order to bind the lower courts.
Though the Calcutta High Courts does pass this type of orders in routine manner but it applies pnly to the particular case in hand.
Advocate. Arunagiri
(Expert) 29 November 2010
You can file a petition before the HC for a direction to the trail court for a speedy disposal of the case.
Arun Kumar Bhagat
(Expert) 05 December 2010
Almost all High Courts pass order for speedy trial. It is fundamental right of an accused.
