transfer of petition
s.loganathan
(Querist) 17 November 2010
This query is : Resolved
1. I have a case against me u/s 138 before the JM1 court.
2. All the procedures are over-looked and intimidation accorded during court process.
3. I obtained certified copies of documents and have found that there are documents marked that have not been submitted into court earlier, nor do they have the SR no.
4. I also learn that the particular advocate for the complainant, who appears only in cheque bounce cases has 90 percent of his cases filed only before the JM1 court.
5. I have submitted a complaint to the CJ and the vigilance of the suspected nexus between the complainant's advocate and the JM.
6. I filed for transfer petition to the PDJ, and as advised by my lawyer we limited our averments in the affidavit, with an option to file additional affidavit if necessary.
7. The court served notice, and hearing was posted, and made ex-parte. The PDJ posted 5 dates, adjourned and heard arguments, and finally posted for orders.
8. Now, the PDJ says that the signature on the acknowledgement card appears different from that of the complainant's advocate, thus to issue fresh notice.
What I would like to know is whether the maxim of "A person cannot be the judge of his own cause" be applicable for this transfer, since there is already a complaint pending before the CJ & Vigilance? Inadvertently, being human, would not the JM's mind be prejudiced on account of the complaint against him? Would not the apprehension of bias be drawn here?
prakash vathore
(Expert) 17 November 2010
when u have filed transfer application then wait for its outcome na! it sounds like u r also suspection PDJ
DEFENSE ADVOCATE.-firmaction@g
(Expert) 17 November 2010
Normally transfer petition are not entertained unless bias is proved which is deficult.
You have various other options before the same court. Study the matter most minutely , pin point the lapses of the opponent and move application under specific provisions.
Go instantly for revision in sessions court if order is against you.
Devajyoti Barman
(Expert) 17 November 2010
The Magistrate may be based against you but the sad order of asking for service is a regular order and does not suffer from any infirmity.
s.loganathan
(Querist) 17 November 2010
Gentlemen! Pls answer my question;
..."What I would like to know is whether the maxim of "A person cannot be the judge of his own cause" be applicable for this transfer, since there is already a complaint pending before the CJ & Vigilance? Inadvertently, being human, would not the JM's mind be prejudiced on account of the complaint against him? Would not the apprehension of bias be drawn here?"
Debasish Hota
(Expert) 18 November 2010
I failed to understand your query properly. Particularly from paragraph No.6 and onwards. Would you like to provide information more elaborately. But be sure that, a case be transfered from one court to another under the provision of Cr.P.C.
s.loganathan
(Querist) 18 November 2010
Well, Mr. Debasish Hota, apart from these procedural infirmities an incident took place in court whereby the magistrate was insisting on the presence of A2( my wife) who is not a signatory to the cheque and is an ailing heart patient who was undergoing treatment in the ICU of a heart speciality hospital. I was present and during submission of 205 petition for A2, the opposite counsel blurted that he himself saw my wife the previous day, which caused a commotion in court. It was an ugly scene in open court, with my lawyer asking to move the court for perjury against the counsel since the 205 application was accompanied with a hospital certificate issued by the specialist himself. Matter was passed over, inspite of the magistrate being a silent spectator to the incident in his own court. At my detriment, the lawyers resolved the issue among themselves. Worst still, having been made to wait till the last hearing though my wife was in the ICU, the Magistrate while allowing the 205 petition, asked me in open court to '..go settle the matter with the party, since your wife is so sick'. Thats what prompted the complaint to the CJ & the transfer petition. In the T.O.P. 'as advised' meaning limiting the allegation to procedural lapses and complaint pending with CJ, and reserving the right to file additional affidavit if necessary, since my lawyer felt that the outcome of the 138 case should not be made to suffer on this account.
