AN OPEN LETTER TO JUSTICE K. CHANDRU, MADRAS HIGH COURT AT MADURAI BENCH.
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WITH BEST REGARDS,
S.JEEVAGAN, M.A., LL.M.,
Advocate & Legal Consultant,
Karuppayurani, MADURAI-20.
Cell No. 9842197857 / 9842816527.
MADURAI LAWYER (LEGAL CONSULTANT) 02 November 2011
AN OPEN LETTER TO JUSTICE K. CHANDRU, MADRAS HIGH COURT AT MADURAI BENCH.
--
WITH BEST REGARDS,
S.JEEVAGAN, M.A., LL.M.,
Advocate & Legal Consultant,
Karuppayurani, MADURAI-20.
Cell No. 9842197857 / 9842816527.
madhu mittal (director) 05 November 2011
Sir,
Many a times, at the time of arguments, written arguments are submitted and a number of citations with paragraph of those citations are also written, but the presiding officer rarely pay attention towards those citations and do not want to do full justice by referering them. How to tackle this type of situations. Take example of Cheque retd case u/s 138, a case is lasted for about five years only and only delay tactics of accused, and at the last moment at the time of decision, he submits a banker cheque equal to the amount of face value of cheque. The victim/complainant shows a number of citations that in a case of cheque interest is mandatory @ 18 p.a. u/s 80 NI Act. But the presiding officer only let the accused free saying he is ready to pay the amount of cheque, he even after conviction, let free on probation or sentence till rising of the court or like fleebite sentence and making mockery of justice in the grab of discretionary power regarding sentence where as it was also shown to presiding officer that discretionary power is also subject to judicial guidance. I want to know in addition to go in revision to higher court, Is there any forum where a complaint against presiding officer can be made for not paying attention towards the citation decided by even supreme court or other high courts.
madhu mittal (director) 06 November 2011
Sir,
Many a times, at the time of arguments, written arguments are submitted and a number of citations with paragraph of those citations are also written, but the presiding officer rarely pay attention towards those citations and do not want to do full justice by referering them. How to tackle this type of situations. Take example of Cheque retd case u/s 138, a case is lasted for about five years only and only delay tactics of accused, and at the last moment at the time of decision, he submits a banker cheque equal to the amount of face value of cheque. The victim/complainant shows a number of citations that in a case of cheque interest is mandatory @ 18 p.a. u/s 80 NI Act. But the presiding officer only let the accused free saying he is ready to pay the amount of cheque, he even after conviction, let free on probation or sentence till rising of the court or like fleebite sentence and making mockery of justice in the grab of discretionary power regarding sentence where as it was also shown to presiding officer that discretionary power is also subject to judicial guidance. I want to know in addition to go in revision to higher court, Is there any forum where a complaint against presiding officer can be made for not paying attention towards the citation decided by even supreme court or other high courts.
Shonee Kapoor (Legal Evangelist - TRIPAKSHA) 08 November 2011
When written arguments are submitted, the judge can not ignore the same, if it befits the case.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com