138 ni act transfer case

Dear Kaya,

When did you receive the returned complaint from the Court? 30 days time starts from the date of return of the complaint by the trial court , if you have filed application for certified copy within a week of order to return.

See "Dashrath Rupsingh Rathore Vs. State of Maharashtra" judgement of Apex Court.

Dr. (Major) J C Vashista, Advocate, Consultancy Room, Lawyer's Chamber Block, Delhi High Court,           New Delhi-110003 Cell# +91 9891152939 email: majjagdish@yahoo.com

Again there is confusion to the accused in many such cases

Actually the complainant is particular and case is presented within time to the proper court but due some formalities to be completed so it is not registered on same day Some times it takes months but the filing is in time

The thirty days time limit is final and cannot be extended. Delay condone petition will not be maintainable in such cases. It is very clear in the ruling referred to herein above.

REFILING OF CASE

A cheque bouncing case had almost reached finality and judgement was to be pronounced on the last or on next day of hearing. Though jurisdictional ordinance was promulgated on 15/6/2015, till 19/08/2015 the MM did not take cognizance of the Ordinance, but, continued to hear the case. Suddenly, 19/08/2015, the last date of hearing he announced that he had no jurisdiction to hear it and it will now be heard by another court as per ordinance. Now what happened is bizarre. On 19/8/82015 itself, he passed the following order – UNCONTESTED. COMPLAINT RETURNED TO THE COMPLAINANT. No futher order as to what the complainant has to do with the case was passed. Further bizarre thing was that on the same day i.e. just before the closing hour, the case file (containing all original documents of both the complainant and accused) was handed over to the complainant without intimation to the accused who had no opportunity to get certified copies and without the court retaining certified copies. The net result is that the court has no record of the case and complainant is at liberty to manipulate and fudge the evidences of accused. Not only this, even after passage of 90 days, the case has not been REFILED in the new court which is supposed to have jurisdiction as per ordinance. The complaint is by a company against another company and its directors and there is no earthly reason for delay in refilling as both the complainant and accused belong to the same place. The transferee court has not received the case file till date.

What is accused got now to do? How can original case file be returned to the complainant without retaining certified copies?

is condonation of delay permitted even in refiling of cases?