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mehmood (proprietor)     15 October 2013

Ni act 138 cheque bouncing case

SIR, ONE PARTY HAS FILED CRIMINAL CASE UNDER NI ACT 138 FOR CHEQUE BOUNCING SINCE LAST 4 YEARS AND IT IS ON FINAL STAGE AS ALL CROSS EXAMINATIONS OF COMPLAINANT BY MY ADVOCATE HAS BEEN COMPLETED AND ALSO CROSS EXAMINATION OF ACCUSED I MEAN ME AND MY WIFE BY JUDGE HAS BEEN COMPLETED AND ALSO FINAL ARGUMENT OF COMPLAINANT IS ALSO COMPLETED NOW ONLY ARGUMENT OF MY ADVOCATE

 

SIR I HAVE BEEN OBSERVING THAT THIS JUDGE IS 100% PRO COMPLAINANT AND HE IS NEVER READY TO CO-OPERATE ACCUSED ON HUMANITARIAN GROUND ALSO EVEN HE DOES NOT ALLOW LONG ADJOURNMENT  JUDGE GIVE THE ADJOURNEMENT OF 6 DAYS ONLY IT SEEMS HE IS IN HURRY TO GIVE THE VERDIT AGAINST ACCUSED AND WNATS TO MAINTAIN HIS RECORDS IN SEVERAL CASES HE HAS NEVER ACQUITTED ACCUSED BUT GIVEN HAR5SH PUNISHMENT ALWAYS I DOUBT HIS INTENTION IT SEEMS HE IS PREJUDICED FOR ACCUSED HE IS NOT READY TO CONSIDER THAT I HAVE BEEN FRAMED BY COMPLAINANT THOUGH I HAD NO BAD INTENTION OF TAKING COMPLAINANT MONEY CAN I APPROACH QUILA COURT AND APPLY FOR CHANGE OF JUDE IN MAGISTRATE COURT BY EXPLAINING THE STYLE OF JUDGE IT SEEMS HE IS ALWAYS IN HURRY AND HE IS HEARTLESS AND DOEST CONSIDER HUMANITARIAN GROUND AND ALSO HE HAS SOFT CORNER FOR COMPLAINANT ONLY. IW ANT TO CHANGE JUDGE IMMEDIATELY AS I AM SURE THAT HE WILL BE HAPPY TO GIVE THE VERDICT IN FAVOR OF COMPLAINANT ONLY EVEN HE KNWOS THAT MY WIFE IS NOT SIGNING AUTHORITY THEN ALSO HE IS NOT DISMISSING HER NAME FROM THE ACCUSED . I TOLD THE JUDGE THAT COMPLAINANT IS USING INFLUENCE BY LODGING FIR IN POLICE STATION BY BRIBING DSP AND FILED FIR AGAINST ME AND MY SON.  WILL YOU PLEASE ADVISE ME HOW TO GET THIS CASE TRANSFERRED TO OTHER JUDGE  I HAVE ONLY 3 DAYS LEFT AS THERE IS FINAL ARGUMENT OF MY ADVOCATE PEDNING BEFORE THAT I WANT THIS CASAE TO BE TRANSFERRED TO OTHE JUDGE SO THAT I GET JUSTICE



Learning

 4 Replies

Advocate Rohit (Advocate)     15 October 2013

if your wife is not the signing authority, then did your lawyer filed the discharged application for her before the Trial Court???? if yes, then your lawyer should have filed the Criminal writ Petition before the Hon'ble High Court for quashing the case at the Trial Court. did your lawyer approached the High Court????

 

If not, then ask your lawyer to approach the High Court for Quashing the complaint.

 

Regards,

Advocate Rohit Dalmia

9324538481

Mumbai

RAJIV BHASIN (ADVOCATE) (Bhasin Legal Consultants(SOLICITORS & ADVOCATES) bhasin.laws@yahoo.com 9811210505)     15 October 2013

Dear Mehmood, 

You have not stated the clear facts like who issued the cheque, how it came into the possession of complainant and were there any legally due debt against you and in favour of complainant. if the cheque is not issued by your wife then your wife must be discharged and trial court has not done or rejected your application then approach higher court for relief. please state clear facts to get proper replies.

 

Rajiv Bhasin 

Advocate

Managing Partner 

Bhasin Legal Consultants

bhasin.laws@yahoo.com

9811210505

Advocate Bhartesh goyal (advocate)     15 October 2013

Case can not be transferred on the  mentioned  grounds.Face the trial on sound and legal grounds 

R Trivedi (advocate.dma@gmail.com)     16 October 2013

State the facts of the case and also if possible complainant cross examination details. At this stage transfer is neither advisable nor possible on these grounds without substance.


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