Sec 138 NI Act
Milind Parte
(Querist) 19 July 2010
This query is : Resolved
I've a case filed against a person under the captioned section. The same i pending hearing before a division bench at the High Court. However, since three years the status on the Internet has not been changed from single bench to division bench and also the dates as per the site do not come on the board for hearing. My lawyer says there's nothing we can do but wait for the case to come on board. Is there any possibility of a mischief by the other party in collusion with the High Court staff and is there a way to expidite the process?
S. Bharath
(Expert) 19 July 2010
One may not comment offhand about mischief, as we experience the delay phenomenon in many of the high courts. Besides, the listing system in the high courts is different and leaves much to be desired, unlike in the listing system in the subordinate courts. Coming to possible solutions, if any of the parties is a senior citizen, that can be used to make a representation to the Registry of the Court to give priority to the case. If no such ground is available, you need to find out convincing reason and move an application before the Court to fix an early date for hearing the case. Again, the probability of fixing an early date depends also on the conditions prevailing in the concerned high court.
Milind Parte
(Querist) 19 July 2010
Thank you for the response.
We have applied to the Registrar to take the case on priority on the basis of senior citizenship about 3 years before. But the Registrar has simply filed the application with the case papers for the court to decide upon the same. However, the dates for hearing are posted on the site at intervals of one or two months but never has the case actually come on the board.
adv. rajeev ( rajoo )
(Expert) 19 July 2010
High courts only press the lower courts to dispose of the cases immediately, but they don't do it.
B K Raghavendra Rao
(Expert) 19 July 2010
When the opposite party can manipulate, why not you. If the staff of high court mind, your case could be advanced and posted immediately to the bench. Just know how to do it.
Milind Parte
(Querist) 19 July 2010
Thats the whole question. How to do it? Are there agents like there are in RTO offices etc? if not how else? Whom to approach? Clerks or the Registrar? Kindly advise.
