Sec.138 n.i act

Guest (Querist) 28 September 2014 This query is : Resolved
Sir,I am appearing from the side of the accused in a complaint u/s 138 and there are a total of 5 complaints pertaining to the same transaction and same cause of action,the accused had issued 5 security cheques to the complainant which i will prove at the relevant stage.

But the query is that the counsel of the complainant does not keep all the 5 different complaints on the same day and instead to harass my client/accused try to keep that on different days so to cause the presence of the accused and to harass him and even the judge is also satisfied with the complainant's counsel.

Is there any remedy for the protection of the rights of the accused under any provision or under art.21 that if the accused is facing more than 1 case of the same nature then all the same cases should be listed on the same day in order to protect the rights of the accused.

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Advocate. Arunagiri (Expert) 28 September 2014
If the parties are same, you can get an from the CMM for clubing all the cases, so that these cases will come in the same day.

ajay sethi (Expert) 28 September 2014
agree with Mr arunagiri

Guest (Querist) 28 September 2014
sir the parties are the same and the subject matter is also the same..the problem is that the magistrate is not satisfied..he puts one complaint for monday,other two for tuesday and rest for saturday...
if there is any law point in the favor of the accused then please do help..a SC judgment will do a lot
Thanks.

Uday Kumar (Expert) 28 September 2014
Dear Paras Ji

No Law point is required at this point as well advised by Expert Mr. Arunagiri and endorsed Mr. Ajay Sethy you need to put an application with chief judicial magistrate/chief metropolitan magistrate giving details of all the case and they will call / transfer at one court on one date
still you find any query, and if these cases are at Delhi, then you may contact me and will ensure the compliance after all we advocates are into social service .
With Regards
Uday Kumar

Neeraj Arora (9897136755) (Expert) 28 September 2014
I also agree with Mr Arunagiri and Uday Kumar.
you need to put an application with chief judicial magistrate/chief metropolitan magistrate giving details of all the case and they will call / transfer at one court on one date.

Rajendra K Goyal (Expert) 28 September 2014
Agree with the experts.

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