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ashok kumar (Social Worker)     05 June 2013

Repeated application for quashing cognizance order in ch ret

Repeated Application for  quashing the Cognizance Order in Ch Return Case

Cognizance Taken by trial court-Process Issued-Case posted for Examination In Chief of Complainant. Accused evades , absents on one or the other pretext. COURT IMPOSES COSTS After wasting 1.5 years comes up with a prayer for quashing the order of cognizance on the ground that BW issued directly instead of summons. The trial Court Rejects the application. AGAIN the COURT IMPOSES COSTS.

Once again the accused comes up with another application for quashing of the cognizance order, this time on a different ground. Obviously the intention is to delay the trial

 

Queries (Please guide with SC decisions on the Subject Matter)

1.Can the accused keep on repeatedly making separate applications of quashing the cognizance order every time on different grounds

2.Can the accused approach High Court at this stage if the trial Court does not accept his contentions

3.Is there any time limit in which the accused was permitted to approach Superior Court for revision against the cognizance order? What is that?



Learning

 4 Replies

LAXMINARAYAN - Sr Advocate. ( solve problems in criminal cases. lawproblems@gmail.com)     05 June 2013

If the accused goes in revision than it is a valid legal defense.

 

HOWEVER NOW CHEQUE LAW IS BEING CHANGED., THE MATTERS MAY GO TO ARBITRATION INSTEAD OF CRIMINAL TRIAL.

ashok kumar (Social Worker)     05 June 2013

Mr Laxminarayanji

U havent given teh answer of what I have asked categorically

I had posed 3 queries

U haveant answered even one of them

Queries (Please guide with SC decisions on the Subject Matter)

1.Can the accused keep on repeatedly making separate applications of quashing the cognizance order every time on different grounds

2.Can the accused approach High Court at this stage if the trial Court does not accept his contentions

3.Is there any time limit in which the accused was permitted to approach Superior Court for revision against the cognizance order? What is that?

DEFENSE ADVOCATE.-firmaction@g (POWER OF DEFENSE IS IMMENSE )     05 June 2013

Accused can go to higher courts at any stage for dismissal of the complaint. Even the accused can go for revision against imposition of costs.

Please note that this is criminal complaint and not money recovery suit and so accused has vide rights of defense.

 

CHEQUE LAWS ARE BEING CHANGED.

 

1)    Most of the banks along with others were misusing the cheque bounce law for recovery of  NPA s.

 

2)    However reverse started happening.

 

3)    Cheque bounce law being criminal and technical law so many cases get dismissed due to expert legal assistance.

 

4)    Even where accused loose the case, the courts order payment in one go otherwise jail terms.

 

5)    It is not possible for the accused to pay in one go and so either they go first for APPEAL than may be to jail or abscond.

 IN ALL SUCH CASES MONEY IS NOT RECOVERED.

NPA s  started increasing.

 

6)    Govt has woken up to this dilemma  and have decided to send all cheque bounce cases for ARBITRATION.

 

7)    NI act will be amended and its effect to come to lower level may take some time .

 

8)    In the long run it will be great relief to both sides.

 

9)    Courts were also getting clogged due to cheque cases will also be benefited.

 

The never ending cycle of more courts, more strict law will also come to an end.

ashok kumar (Social Worker)     05 June 2013

Thank You Gentleman!


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