Mr. Shashi Kumar Ji,

I agree with your views. Being the lawyers, we are also liable to the society . It is observed regularly that the innoicent persons are arrested by the Police in the cases in which there is the provision of fine only.

In U.P. the Court employees do not take care of any rule of law . Recently the Administrative Judge of Allahabad High Court visited Bareilly District Courts in U.P. and found that several private persons are working in the Offices of Courts and he tried to take action in the matter but to no results so far.

The private persons were removed for few days and they have again started working.

The District Judge and Additional District Judges says that they don't agree with Amrawati Case but in some cases the accused get the benefits thereof from the same Court and same Judge who says that he is not agreed with Amrawati Case.  

Please also add the matter related to the provisions of Section 498-A IPC in your Writ Petition. The innocent persons are being sent to jail and are being haressed in dowry cases on just one sentence from the wife's ends and nobody is there to hear the poor husband.

I am staying at Bareilly and am ready to assist you in the matter.

Thanks.

I have a NI 138 case at Bhadoi and when in that area I will meet you.

But just see how people are reacting voilently against me   in this section as well as in expert section about my effort for a writ in SC including advocates.

I request help with specific problems in NI 138 cases for accused sir.

https://lawyersclubindia.com/forum/138-N-I-A-IS-DEAD-ALMOST-29868.asp

Well I feel and know that inspite pf contrary opinions with hard work of posting citations by contributors there are still gray areas where innocent people suffer in the process of legal action under NI 138.

Dear Sir,

Democracy prevails in our country. So you may go ahead with you writ in SC. Also it will give you much needed Publicity & Celb. status.

I personally feel there is no case or point still, who can stop you in a Democratic Country like India & won't be surprised if you win the case.

I get strength from the contrary views since it helps me to filter the chaff.

Regarding deff of opinion what I need are inputs of the cases that in case of false complaints there must be a escape route., for early closure of the case which is not permissible now. What you will say of more that sixty thousand bogus NBW  issued at Bangalure very recently.

II AM VERY PLEASED WITH THE EFFORTS OF SASHI KUMARJI,FOR THE PAINS HE IS TAKING FOR THE DEFENCE OF ACCUSED.THE COMPLAINANTS MAINLY PRIVATE UNAUTHORISED MONEY LENDERS  ARE REALLY USING THE LOOPHOLES IN THE SECTION 138 OF NI ACT TO THEIR DEFENCE.MOST F THE ACCUSED I HAVE COME ACCROSS ARE INNOCENT BARRING A FEW.THERE HAVE TO BE NUMBER OF AMMENDEMENTS IN THIS SECTIION,TO ALLOW THE ACCUSED TO DEFEND PROPERLY.EVEN MOST OF THE ADVOCATES ARE NOT COMPLETELY AWARE OF THE PROVISIONS OF THE NI ACT.I AM ALWAYS AT THE DEFENCE OF THE ACCUSED.BEST OF LUCK SASHIKUMARJI.

Yes sir the complainant are mostly illegal money lenders.

Not only 138 even many sections of law including 420 also need procedure in detail, some of  cheque related cases are filed under 420 and I'm victim of it.  My petition to discharge the case was dismissed on 29/01/11 still confused if i have to appeal or to stand for trial. I'm determined to fight till the end and hope the result will be a good citation for many future malcious cases.

IPC 420 can not clubbed with NI 138 , you go to revision.

S. 138 has become painful for those people who trustfully issue blank cheques or PDCs. If sufficient care is taken then most of the cases should get thrashed even at pre charge stage. Unfortunately (with dues respect) counsels also take up cases without much bothering about the subsequent harassment of accused and allow the case to proceed. From the day of notice the accused should take sound legal advise and pursue the case, then unnecessary harassment can be avoided. Many trial courts do not follow the same as summary case which also delays the outcome. I have made a compilation of various higher courts rulings and I am surprised that majority of the cases accused gets acquittal on non applicability of S.138, which can be brought to the notice of honorable court even at pre charge stage. For details pl contact advocate.dma@gmail.com.

Once pocess is issued NI 138 accused has to go through trial , it is only expert handling and proper cross any case can be won.

JSDN, There is some jurisdiction issues with S.138 cases. It has to be summary trial, but what majority of the courts are doing is warrant trial without police investigation which itself is contrary to law. So every innocent accused at the charge stage itself vehemently oppose the applicability of S.138. What happens nowadays is mockery, accused pleads not guilty and charged framed. Fault does not lie in our system or act.. fault lies in the entire advocate fraternity (with due respect).