Not following supreme court ruling by presiding judge
madhu mittal
(Querist) 12 August 2014
This query is : Resolved
Respected Sirs,
At the time of filing cases u/s 138, if ruling of Supreme Court and Rajasthan High court is shown to Prisiding Officer in trial court, that the trial should be summary/summon, and if he does not do work accordingly ruling of Supreme Court or Raj High court (in rajsthan), what actions can be taken against that judge in person according to law.
R.K Nanda
(Expert) 12 August 2014
file copy of supreme court ruling in concerned court and ask judge to take legal steps in ur case accordingly.
Nadeem Qureshi
(Expert) 12 August 2014
agree with expert, if the judge is adamant then file a complaint to district judge against him/her.
ajay sethi
(Expert) 12 August 2014
judgement depends upon facts of each case . if PO refuses to follow the said judgement and facts of your case are identical go in appeal against order passed by PO
ajay sethi
(Expert) 12 August 2014
please note that conviction in 138 Ni will only be after trial in the case
Devajyoti Barman
(Expert) 12 August 2014
the decision and the particular case must be different.
The precedent has no blinding applicability on all kinds of cases.
Rajendra K Goyal
(Expert) 12 August 2014
If aggrieved by the decision, appeal can be filed.
madhu mittal
(Querist) 12 August 2014
Respected sirs,
What I am asking about procedure not followed by the Trial Magistrate as given in below two decisions, so what action a complainant should do lawfully so that procedure is followed according to law, we not only gave him the copy of belowmentioned ruling, but mentioned in complainant itself in the last para to do trial accordingly these decisions, but he kept aside the copy of decisions and proceed as warrant trial as usual :
Rajasthan High Court
Tripati Vyas vs State Of Rajasthan And Anr on 12 March, 2013
However, to summarise and answer the questions raised herein, following directions/ observations are made -
1- As and when complaint for the offence under section 138 of the Act of 1881 is filed, it would be registered as summary trial case, in view of section 143 of the Act of 1881.
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IN THE SUPREME COURT OF INDIA
CIVIL ORIGINAL JURISDICTION
WRIT PETITION (CIVIL) NO.18 OF 2013
Indian Bank Association and others … Petitioners
Versus
Union of India and others … Respondents
DIRECTIONS:
(1) Metropolitan Magistrate/Judicial Magistrate
(MM/JM), on the day when the complaint under
23
Page 23
Section 138 of the Act is presented, shall
scrutinize the complaint and, if the complaint is
accompanied by the affidavit, and the affidavit
and the documents, if any, are found to be in
order, take cognizance and direct issuance of
summons.
R Trivedi
(Expert) 13 August 2014
How did you find out, that it was a summon trial ?
S.143 of NI Act must be adhered to, but it is somewhat discretionary. You should read Rajesh Agarwal case also of Delhi High Court.
Courts will never be able to carry out summary trial, simply because the magistrate gets bound to decide the case, which can never happen due to frequent transfers.
