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SRIBHASKAR (LIFE & HEALTH INSURANCE ADVISOR)     19 November 2014

Justice going to onside

RESPECTED MEMBERS OF THIS WONDERFUL SITE GOOD DAY TO ALL OF YOU,

REALLY OUR INDIAN LAW GIVING JUSTICE TO ALL PARTICULARLY IN 138 NI ACT CASES??

HERE IS A SMALL EXAMPLE PLEASE READ FULLY THEN POST YOUR VALUABLE OPINIONS, IT MAY REDUCE THE PENDENCY IN THE COURT CASES AND BURDEN ON JUDGES AS WELL AS EXPENSES INCURRING BY GOVT.

 

As a Citizen of Indsia I want to reduce pendency in the Indian courts at the root level.

Here is the solution for our idea. Basically i studied some of the NI Act Cases where the judges and their offices can cut-off at the time of filing itself.

Moreover all the cases are going in favour of the complainant only.

Hence all are approaching the courts becoming heavy pendency of the cases even though so many FTCs constituted. Here is the example case.

 i  want to bring to your kind notice to review this sample case.

  It is true that the A case was filed in 2013 under 138 NI Act against a government servant.

 COMPLAINANT is threatening to send the ACCUSED to jail. So that the ACCUSED may lose the job and fall on his feet.  Because there is no justice for the accused except conviction in 138NI Act cases in FTCs.

 When helping to ACCUSED the COMPLAINANT says without interest Aas hand loan but with a condition to issue blank papers like cheque and pro-notes.

 As there is no choice by having faith issued and took the amount.

 At a later stage COMPLAINANT misused the same and filed a false case.

  From the day one ACCUSED accepted the amount what he given and what returned too. But no justice will hear his words except the complainants words.

Always COMPLAINANTs misused the blank papers keeping some bad intention in mind.

 In the courts conviction to ACCUSED only even though it is a false case.

 To prevent and give justice to real  persons please if 

 Checking of  the writing on the cheque and promotes and signatures too. 

Ask the complainant to produce the handwriting expert opinion at the time of filing a case .

Then  the court  know the actual picture of the case.

If they file along with opinion of handwriting expert then the court allows particularly in individual cases (exemption to be given for BANKS, NBFC’s etc.)

Automatically then filing of the 138 NI Act cases comes down sir.

 99% of the 138 NI Act individual cases are like this only. If it happens some cases may come down in pendency list.

You are aware that any govt. Servant convicted then the servant loses job. Their entire family will be in trouble.  By fearing the convictions the Accused (so far calling) losings time money and the complainants enjoying.

Before giving any conviction to the accused in 138 NI Act cases kindly these also to be considered.

Justice is favouring one side only in these cases.

BY THIS NOT ONLY THE CASES COMES DOWN BLACK MONEY IN INDIA ALSO COMES DOWN. WE NEED NOT ASK HELP OTHER COUNTRIES IN GETTTING THE BLACK MONEY........

 



Learning

 4 Replies

T. Kalaiselvan, Advocate (Advocate)     20 November 2014

Write to Ministry of law, government of India with all your discoveries and opinions and seek its opinion to make suitable amendments.

1 Like

SRIBHASKAR (LIFE & HEALTH INSURANCE ADVISOR)     21 November 2014

thanks for ur kind response am i correct according to you sir, if not pls let me know

ADVOCATE TRILOK (CRIMINAL family PROPERTY topfreind@gmail.com )     23 November 2014

You are just blaming others for your own misteks.

 

Even now there are many opportunities available to you to get out of the case. Get  expert legal assistance who has contested similar cases.

SRIBHASKAR (LIFE & HEALTH INSURANCE ADVISOR)     26 November 2014

Respected Trilok Sir,

Its not the issue of only mine in a case which i mentioned moreover my intention is how to reduce the burden on courts by stoping them at root level by just modifying reasonable amendments to law. moving to courts again and again is a messy and no. of cases grow up not comedown

Hope u understand what exactly i mean


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