I was in a small business but now more properly a semi-self employed person with very low income. In the year 2005, whatever small capital I had for said business, stuck with a person who is a central Government employee. One friend of mine guaranteed and recommended said person to me and I had shared a considerable high amount to said person in the form of loan.
However, he did not refund me the entire loan. The repayment cheques those he had given to me returned unpaid due to insufficient fund in his bank account. Personally, I have taken the same matter with him but he escaped from me in some way or the other. My entire personal endeavour to resolve said issue failed. As such, said business of mine stopped due to lack of fund as the money stuck with the said person. The friend who guaranteed and recommended said person to me later expressed his helplessness in the matter.
As such, I have taken the matter legally, filed a case before the Chief Judicial Magistrate, North 24 Parganas in the year of 2006, later, which transferred before 2nd. J.M, and my first appearance date before the said Court was 03rd August, 2006. I have record of the court dates as follows.
.
Date 02-09-2006 Case in 2nd JM Court.
Date 11-09-2006 Complainant filed Affidavit in chief, submission considered u/s138 NI. Act.
Date 12-01-2007 Accused did not turn up.
Date 20-01-2007 Complainant taken requisition.
Date 02-04-2007 Bail availed by accused.
Date 26-06-2007 Complainant Present, …
Date 04-10-2009 Accused absent, complainant prayed direction upon police.
Date 10-03-2008 None of the parties present, P.O. on leave.
Date 10-09-2008 P.O. on leave, Complainant present, Accused absent.
Date 17-01-2009 Complainant present, P.O. on duty, 14-4-09 for appearance & plea.
Date 16-04.2009 CR is put up today, as 14-4-09 was a declared holiday.
Date 17-11-2009 Complainant present, Accused absent,
Date 22-03-2010 Complainant present,
05-04-2010
Date 09-06-2010 Illegible.
Date 11-10-2010 Illegible.
Date 24-03-2011 Accused absent, does not take any step. No E/R of W/A received. Complaint filed show cause, I/C Barasat PS directed to execute W/A. Copy of order be sent to Addl. S.P. (North), Fixed 12.12.11 for W/A.
Date 09-04-2012 Complainant present,
Date 18-07-2012 Complainant present,
Date 18-07-2012 Complainant present,
Date 14-11-2012 Complainant hazira.
Date 12-03-2013 Complainant absent w/o step.
Date 16-08-2013 Complainant Soumendra Nath Thakur is absent without steps. No E/R of W/A has been
https://docs.google.com/file/d/0BxyhnxIplCEuTmk4SzFuS3Q1Vjg/edit?usp=sharing
However, (i) after a long legal battle for more than 7 years before said court (with most of my presence). (ii) Spending a reasonable high amount of money in litigation. (iii) Another sum incurred as cost of loss for my presence before the court, (iv) Running out with money for all of said costs (v) Ruining my business for said stuck of fund. (v) Fighting for a moderate means of livelihood and compelling me to go in another state for my bread and butter, the said order stated my reluctances to proceed with the case and ordered that the case dismissed for default.
Specifically, considering my present financial condition, the said order not only compelled me to loose faith in said legal system experienced, but it also puts me in such a situation that challenges my affordability in escalating it to a further litigation.
Can anybody suggest me a remedy for this so that I no longer remain fundamentally deprived?
