Destroying the complete records of cc file on the day of dismissal of the case by the hon'ble judge.
Chanabasappa B Ganji
(Querist) 26 September 2015
This query is : Resolved
Dear Sir,
I am a businessman and the complainant in a Cheque bounce case that was issued to me. I had filed a cc in the JMFC Hubli (Karnataka)court. The Hon'ble Judge had dismissed the case since the warrant could not be served as the accused was absconding and was not available at the address made known earlier.
I had filed for revival of the case at the High Court, Dharwad Bench which granted/ordered the revival of the case at the same JMFC Hubli Court.
By then lot of time had lapsed. On persistent follow up I am informed that the relevant files of the case have been destroyed!. Shockingly, on scrutiny it is noticed that the date of destroying the records and the dismissal of the case by the JMFC Court are the same!.This is a rare case.
I now would like to seek your expert advice as to what should be my next move and whether I can sue the Office of the JMFC for having destroyed the records since Original Documents were with the court.
Please advise at the earliest the right step I should take to get justice and claim the amount of the Cheque.
C.B.GANJI
Anirudh
(Expert) 26 September 2015
What do you mean by 'lot of time had lapsed'
When was the case dismissed by the trial court?
When was the order passed by the High Court?
SAINATH DEVALLA
(Expert) 26 September 2015
The files cannot be destroyed according to the wish of the magistrate,there is a procedure for it,appeals,revisions etc.
I think U have been misled in this aspect.
Lot of time elapsed and persistent follow up/clarify?
Guest
(Expert) 26 September 2015
Mr. Chanabasappa Ganji,
Yours is quite an unintelligent academic question prepared by some person seemingly ignorant about the processes of law and the system of preservation of records of the courts.
Magistrate does not enjoy any power to destroy any case file of his court, what to say on the same day.
Rajendra K Goyal
(Expert) 26 September 2015
While the issues raised by the expert are relevant, ask your lawyer to get the file prepared on the basis of the documents available with the High court.
SAINATH DEVALLA
(Expert) 26 September 2015
Supporting the views of Adv Goyal, he can apply for a certified copy in the lower court or as said in the HC.
