A case of 138 was booked by a chit fund company on a poor labourer. The labourer after collecting a sum of Rs.1, 30,000 from the chit company in 2004 had issued blank cheques which was submitted by the chit company at regular intervals for encashment, but defaulted on his last payment of Rs.18000 due to insufficient funds. The company’s henchman seized the property document and was forced to settle all his dues after transferring the property to the name of their staff, with the balance amount paid to the labourer. The labourer forgot the cheque issue because he felt that all his problems were solved.
On Saturday, the 19th of Nov at 6.00 A.M. the local police had picked up this labourer based on an arrest warrant issued by the Small Causes Court, asking the accused to be present on 26th Nov 2011, which incidentally was declared a holiday due to the 150 Years celebration of the Madras High Court. A recall petition was filed by the advocate on 21st Nov which came up for hearing on 22nd Nov. The labourer was seated on the side bench meant for accused and the witnesses. The Judge occupied the dais at 10.35 A.M. Around 11.05 A.M., our petition came up for hearing and the labourer rose up from the bench. The judge in a loud tone asked the advocate as to how the accused could be seated in a bench? This being the first time that the labourer had been to a court, he was not aware of the formalities but the Judge in a stern voice asked him to stand in the corridor just outside the court room, till being called. The Judge left at 11.40 A.M. and returned to the dais at 12.45, left at 1.15 and came back at 2.30.
The poor labourer stood the whole day in the passage, in direct visibility of the Judge and was finally called in at 4.20 P.M. The Judge asked for his address only and nothing else.
(1) The Judge had actually punished him by making him to stand in the passage for the whole day. Was his action justified?
(2) On scrutinising the case sheet, it was seen that the case was booked in 2007 and Summons were sent to him to the same address as that in the Arrest warrant, but the labourer had not received any summons.
(3) If had the labourer received the summon, he would have approached the chit company and would had solved the issue amicably.
(4) Why had the summons not reached him?
(5) This is the first time that he had been to a Police station as well as to a Court. Is sitting on the side bench, an offence?
(6) Is there not a way to serve the summons, the way an Arrest warrant is implemented?
(7) Is there any rule that a person, who had been served an Arrest warrant, should stand and wait outside the court, for the whole day, till being called?
It was pathetic to see this poor fellow standing in the passage for the whole day puzzling over as to what was in store for him?
