R Trivedi (advocate.dma@gmail.com) 09 August 2014

Jurisdiction in cheque bounce case

The SC has ruled, kind of overruled earlier orders of SC itself which gave kind of PAN India jurisdiction to complainant to file the case. Harman Case and Bhaskaran case rulings were being widely misused, even as stated in my blog around 6 months back (https://extreme-analysis.blogspot.in/2014/04/cheque-bounce-apparent-incorrect.html). I was badly objected by few young members of this forum, hope they have understood the value of knowledge.

There are many questionable rulings by SC even now involving cases under S.138, as highlighted in my article in this website also, all legal fraternity members should take up these issues at every available opportunity.

Reply Follow

4 Replies

Ashish Singla 098140 76600 (Cheque Victim's Lawyer. LUDHIANA (PB)) 09 August 2014

Trivedi Ji,

Pl tell me the procedure to be followed against lower court judge (action against him in person), in case he completely ignores the SC ruling and convicts a innocent person, with his half way knowledge. So he or any of his colleague should not do that practice in future and must apply their judicial mind before decision.

Thanks..

R Trivedi (advocate.dma@gmail.com) 09 August 2014

This is tricky, and you can do only after order is reversed by the revision / appellate court.

send the complaint about the competence of magistrate / dereliction of duty / negligent act to the Chief justice of respective court with the copy of quashed order..

Do not feel sad, this is the fate of almost all the trial courts where young magistrates are ruling without proper training and without proper understanding of the basics.

Please spare some time to read the blog article below..

https://extreme-analysis.blogspot.in/2014/04/judicial-power-without-accountability.html

Ashish Singla 098140 76600 (Cheque Victim's Lawyer. LUDHIANA (PB)) 10 August 2014

There must be some criminal action against such a judge, like PIL in higher court with proper evidences against him, let him explain how he has convicted a innocent. Others of same category official must take lesson and must update them self before making false decisions.

madhu mittal (director) 11 August 2014

Respected Sir,

At the time of filing cases u/s 138, if ruling of Supreme Court and Rajasthan High court is shown to Prisiding Officer in trial court, that the trial should be summary/summon, and if he does not do work accordingly ruling of Supreme Court or Raj High court (in rajsthan), what actions can be taken against that judge in person according to law.