Fake 138 ni case , tired now... what to do ?
vishalpriyadarshi
(Querist) 05 December 2014
This query is : Resolved
Hello Expert , Hope I will really get help here please go through the content seriously and help me. THEIR ARE THOUSAND OF GOOD ADVOCATE ON LAWYERS CLUB INDIA . IS THEIR ANY ONE WHO CAN REALLY HELP ME . IF YOU CAN'T DO ANY THING PLEASE DRAFT MY COMPLAINT I WILL EFILE AND APPEAR PETITION IN PERSON.
This is a cases of great public importance; This is a special case, reasons for which are to be recorded in writing, considered otherwise deserving of legal aid or advice.
1. The case filed against me by the complainant is without following the procedure. The honourable courts overlook the mandatory compliance of Cr.p.c 200, 202,204(2) which is evident from the certified copy of the case and without taking recourses of these section Cr.p.c 202,204(2) & 200 , the impugned summoning order suffer from legal infirmity.
2. The complainant himself accepted in written while filing the Counter affidavit (para 9) in Honourable High Court Lucknow that there is no compliance of mandatory provision of Cr.pc. 200. The honourable high court even overlooked the written acceptance of the opp. Party, the established law and the APEX Court judgement.
3. That the learned magistrate without application of mind has been pleased to pass the summoning order dated 27.07.2013 on cyclostyle Performa order that too under Sec 130 NI Act Yes 130 NI, which is not permissible under Law.
4. There is no compliance of Cr.p.c 204(2) & violation of Cr.p.c Sec 204(2) that no summons and warrants shell be issued under subsection (1) until the list of prosecution witness has been filed. However the violation has been done in this case and summons has been issued without the compliance of Cr.p.c 204(2).
5. The compliance of Sec 138(B) is overlooked by the honourable courts.
On Dec 23rd Aug 2001 a Five Judge constitutional bench decided DADI JAGGANATHAM VS JAMMULU RAMULU AND OTHERS (2001), 7,SCC 71, Laying down the Law on the question the Five Judge bench there , amongst other said the following – The court could not add words to the statue or reads words in to which are not there ,especially when literal reading produces an Intelligible result.
I hope from the Judgement of constitutional bench It would be crystal clear that no expert explanation is require on Cr.p.c 200,202,204(2),138 B.and these provision from its plain reading states it is mandatory.
6. There is no specific mandatory averment in the complaint case and absence of documentary and other evidence. The absence of detail of the date and place where the Loan was advanced, the absence of date and place where the chq was given, and absence of any documentary proof to show that such loan transaction has indeed taken place.
7. The stay granted by the Honourable High court is vacated by the High Court (after filing the counter and rejoinder affidavit) at final stage without giving any relief by overlooking the violation of all mandatory Cr.p.c provision and Supreme court Judgements.
8. This is a case of great public importance and larger public interest involve in it. There is a clear abuse and violation of mandatory provision of Law. Procedures has not been followed by the honourable courts and the Established Law and Judgements of Supreme Court of India which is mentioned in writ petition and annexed there in is overlooked by the Honourable Trial Court, Lucknow and Honourable High Court, Lucknow.
Second, I have a reasonably good chance of succeeding in MY CASE IF I CAN A GOOD ADVOCATE WHO CAN REPRESENT MY CASE IN SUPREME COURT OF INDIA. SO PLEASE ...PLEASE HELP ME.
Every ground mentioned above is supported by the established Law , Proved fact and Judgement given by the Supreme Court Of India and Documentary proof. There are 100% chances to get Success.
Sr.no Cr.p.c Supporting Document and Judgement
1. Cr.p.c 200 Law itself supported by Certified copy of case and The Honourable SC Judgement Crl 950 of 2006 Sabitha Rammurthy & Anr Vs. Channabasvaradhya
2. Cr.p.c 202 Law Itself ( with effect from 23.06.2006 by central Act 25/2005) supported by Certified Copy of case and The Honourable SC Judgement Crl. Appeal No. 984 of 2009 K.T.Joseph Vs. State of Kerala & Anr.
3. Cr.p.c 204(2) Plain Reading of Cr.p.c 204(2) Itself, supported by Certified copy of the case , The Judgement of Constitutional Bench DADI JAGGANATHAM VS JAMMULU RAMULU AND OTHERS (2001), 7,SCC 71
4. 138 B The Honourable SC Judgement Crl. Appeal No. 711 of 2009 Arising out of SLP(Crl) no. 7828 of 2007
5. Averment Certified Case Copy and The Honourable SC Judgement Vijay Vs. Laxman 2013(2) CCSC 706 (SC) Crl Appeal No 261 of 2013 Decided on Feb 7,2013
6. No source of Income to Grant such a huge amount of Loan & Unaccounted Cash Information Received Under RTI Act (No income of person claiming giving Debt, himself was an student ) & The Honourable SC Judgement- Crl. Appeal No. 518 of 2006 Krishan Janardan Bhatt Vs. Dattatraya G. Hegde.
7. Age of Signature and other particular on the Chq and Ink of signature and other particular on the chqs are different, which can be noticed from the bare eyes. The Honourable SC Judgement- C antony vs. K.G.Raghavan nair Crl 1748 of 1996 Judgement dated 1-11-2012.
8. Sec 139- Presumption in regard of existence of debt K.JOHN vs. Tom Vargese and Anr. JT 2007 (13) SC 222 and Supporting Document received from RTI is a proof that the party has no capacity to grant such huge amount of Loan. The opposite party get the opportunity while filing the case in lower court and filing affidavit in high court , he may produce any such evidence of the said disputed transaction but they did not do it as there was no such transaction.
9. Law of Limitation Act Sec 19 Several Judgements Mentioned in writ itself.
Apart from the above there is clear written submission by the Opposite party which proved his wrong intentions.
1. The opposite party no 2 is made written submission in his counter affidavit (esp. Para 28) before the honourable Lucknow High Court, stating - that access of justice must be given as licence to file misconceived and frivolous petition and all the Cr.p.c. and all the Judgement given by the Honourable Supreme Court of India & High court of India is wrong WHICH Was mentioned in writt.
2. The opposite party file wrong and misleading fact on affidavit in regard to dispatch of Notice and not ready to show delivery report for record to fill the compliance of Sec 138 B, making false allegation regarding reply of notice and not filed the same- neither in trial court nor in high court.
3. The opp party has submitted in his counter affidavit (High Court) there is no need of compliance of Cr.p.c 204(2) and the same time in written he has submitted in Trial court that they forget to make the compliance of the same and tried to do it by misleading the court by making false written application that the stay order is not extended by the Honourable High court though the stay was in force till that time & the opp. Party is well aware. On 2-12-2014 they were praying from the court to vacate the stay. When the fact ( Misrepresentation & false written submission which is proving the malafied intention was brought in the knowledge of honourable high court Lucknow, It was also overlooked.- Supporting Doc Enclosed- Proved fact.
4. Many more fact documentary evidence with Certified copy.
If the case will be allowed without following the mandatory provisions a wrong practice will be established and the common public will suffer and loose the faith in established Law , Right of fair Justice and Judiciary. There are large no of cases which is getting followed by this wrong practice which may be avoided if through legal aid any such direction is to be issued by the honourable Supreme Court.
Please Help Me. I do not have money to fight this case in Supreme Court of India. Date of TRIAL is fixed as on 17-12-2014. I can never get the justice in the court of Lucknow as the other party having great influence which is evident from the above facts.
Please Help I need Free Legal Aid to fight this case in SUPREME COURT OF INDIA.
IS THEIR ANY ONE WHO CAN REALLY PRACTICALLY HELP ME GETTING JUSTICE ..
Regards,
vishalpriyadarshi@hotmail.com
Devajyoti Barman
(Expert) 06 December 2014
If the High Court ignored to look into the loopholes then only option lies to you is to file appeal in supreme court.
P. Venu
(Expert) 06 December 2014
What are the facts? The lengthy query contains only opinions.
Guest
(Expert) 06 December 2014
Mr. Vishal,
If you want some solution, the background history of the case is of vital importance for the experts here to go through, rather than your own assessment of the case, as a judge of your own case, stating which of the sections of which act has not been complied by the complainant/ court, etc. I find that in your too long description you have nowhere stated the background history of the case and the real cause behind making a 138 case against you.
The question arises, if you know several such lacunae of the complaint or the proceedings, what makes you handicapped in cross-examining the petitioner on those defects of the complaint/procedure and to prove your point before the judge to convince him about the fakeness of the case, as you believe?
Moreover, as you stated, "this is a case of great public importance and larger public interest involved in it," you have not made clear what exactly the public interest is involved in it. If that is there, that has to be proved before the judge. Every judgment is dependant upon solid evidence. If you really have evidence in your favour, you must try to put before the judge on the next date of hearing on 17-12-2014. If your lawyer is not so competent and capable to present your case effectively, being quite literate and talented as a Manager of some organization, I believe you can very well plead your case before the judge, as you have tried to put before the community members here.
R.K Nanda
(Expert) 06 December 2014
consult lawyer personally.
Rajendra K Goyal
(Expert) 06 December 2014
Consult local lawyer and show him all the papers.
Guest
(Expert) 06 December 2014
You are welcome.
vishalpriyadarshi
(Querist) 06 December 2014
Thank You Respected Dhingra Ji.
These lacunae i have mentioned in my writt petition that's why I got the stay order from HC.
This system make me handicapped in cross-examining the petitioner on those defects of the complaint/procedure and to prove your point before the judge to convince him about the fakeness of the case. I do not want to make any serious comment here. Trial of the case has not yet started. The bail has not applied, because i thaught if i m not wrong why to face this all I tried to conveyance the Trial Court before moving to high court and got the stay. The benches getting changes during counter affidavit, Rejoinder affidavit. When All that happen I was shoked to listen stay vacated but case still exist with no judgement.
The public interest is involved in it.There are many cases which is being registered and summons are issued without following the mandatory procedure. I have gone through the Judgement of constitutional bench of Apex Court mentioned above and that is the reason I believe that mandatory procedure is to be followed and only than one get the opportunity of fair justice. What is the use of these Cr.p.c 200/202/204(2) and many other codes . I think larger public interest involved, I might be wrong as i am not an advocate I just taken admission in LLB after this incident.
Solid evidence- I put each and every thing in written with supporting document and Judgements of APex court i enclosed before the Honorable Trial Court. The same the writ was filed in HC.
My lawyer is competent enough a young guy very good friend of mine, and capable to present my case effectively, But what one do if a group of 10 advocates approach and enter directly in to ....... and one is not interested in hearing you I do not want to make further comment.
I come to this conclusion -No use of any thing . It is always better to compromise either you involve or not or one loose all money and peace of mind... Even if some one slap one must say thank.
Anirudh
(Expert) 06 December 2014
Mr. Vishal,
You have indicated the lacunae to the H.C. They first granted stay, thereafter vacated it.
At least the HC had the benefit of knowing the facts of your case. What fact do we know as of now - to comment on your query. NOTHING.
Is it possible for any one to give view one way or the other without even knowing the facts of the case?
What is the fact of your case - if you are interested - please tell.
Guest
(Expert) 06 December 2014
Dear Mr. Vishal,
Background of the case is still missing in your latest post. However, no section of law can be expected to be automatically invoked, unless discussed thoroughly during the proceedings. Section 200 & 202 are further subject to section 203. If section 203 is not invoked that itself makes clear that section 204 has been applied. If summons or warrants have been issued that means the Magistrate has taken the cognizance of an offence believing that there is sufficient ground for proceeding.
It seems, you are making a wrong mix-up of the complaint case on behalf of the complainant, process to be adopted by the Magistrate and the case of respondent. If you make a review of the sections 200, 202 & 204 you will find that the implication of these sections is with reference to the complaint, complainant and the witness to the case at the admission stage for the purpose of taking cognizance of offence on the application of the complainant, when respondent does not come in to picture.
Further, question of cross-examination does not arise, when you have stated, "trial of the case has not yet started." So, that stage has not yet come.
So, sections 200, 202 & 204 apply on case to case basis on merits of each case, not in any way automatically attract the larger public interest. But, to me it appears as if by making a mention of not adopting the process of Sec. 200, 202 & 204 you have included a direct complaint in your case against the Magistrate without confirming the facts whether he adopted the said process or not.
As such, you will have to defend your case during trial to convince the magistrate to prove the charge as fake.
Guest
(Expert) 07 December 2014
Reference of Section 200 & 202, if really violated, could have been the matter to be taken up in the review or appeal against the order of the judge, if against you. The present stage is defence in the case, how to wriggle out of the problem to gain honourable acquittance.
vishalpriyadarshi
(Querist) 07 December 2014
Respected Dhingra Sir,
I have applied for the certified copy from Lucknow High Court, I will get it by Tuesday By Wednesday I will be in Delhi. Only than I can show all the Facts and figures to any Expert even It was required to approach SCLAC . Because I think whatever I have written here I could not represent properly without document.
I am will make my every possible effort so that i my self can get justice and if possible a guideline to be issued by the parent APEX court for the HONORABLE Courts of Lucknow.
I am willing to meet you with all certified application with all judgement , order sheet and citation used.
I understand your time too is very important BUT I Appreciate If you give only 15 Minute of your valuable time to me, therefore it is my Prayer from you when I give you a call for seeking your appointment do consider.
Regards,
Vishal
Guest
(Expert) 07 December 2014
Dear Shri Vishal,
I won't have any objection if you are willing to meet me. But your assessment of 15 minutes time may prove to be quite wrong. Meeting may consume much more time than your estimate and may attract my consultation fee. Moreover, prior appointment has to be sought for through email only for fixing up meeting, as feasibility is not possible to be discussed through open forum. So, if you are desirous of meeting with meet me, you may please feel free to enquire about that by sending an email at: dcgroup1962@gmail.com
ajay sethi
(Expert) 07 December 2014
meet Dhingraji for consultations after prior appointment
Guest
(Expert) 07 December 2014
Sethi ji,
Thanks for your approval and recommendation.
T. Kalaiselvan, Advocate
(Expert) 10 December 2014
Yes, you may get proper advise from expert Mr. Dhingra on a personal consultation with him by discussing the issues at length, you may follow his instructions to meet him.
