Dixit Shah (proprietor) 02 October 2013

Sec 138

I have filed the complain under sec 138 against 4 partners.Court had issued NBW to 2 partners ,3rd got bail and the 4th appeared in the court.Now on the previous hearing that was on 24th Oct the court had asked whether the police had received the NBW as the 2 accused stay at surat .I gave the court the proof that the surat police had received the NBW on 1st Oct based on which the court had told the police to submit the report.My querry is that how long will it take for the police to present them in the court? Do the police also take bribe from the accused and delay the case by not presenting them? Can i ask the judge to atleast start the case on the partner who is present in the court? Is it compulsory that all four of them had to appear together? If yes then all 4 would never come together unless the court strictly orders them to come together on a particular date and how long will the court take to issue such order as its been 4 years and we are getting only dates? My Lawyer is again of the view to drop 2 persons whose signature are not there on the cheque to move the case faster,As he says that in this case recovery is not there only jail term is there and the accused agree to pay because he doesn't want to go to jail? Generally how long the case takes to reach to its justice in sec 138? Is there any fast track court where i can move my case so that i can get the result fast? Can i also file a civil recovery suit against the partners as suggested by my well wisher Advocate Bhartesh Goyal?If yes then how long will this case also take as i am already facing the long duration problem under sec 138? After getting the Judgement can the partners appeal to session court and then high court and beyond that supreme court? How long it takes by the session court to let us know whether the appeal is accepted or rejected and vice versa in high court and supreme court? If accepted then how much would be the duration to get justice from each of the three levels i.e Session court and then high court and beyond that supreme court? Who will bear the Court charges? Also is there any additional penalty which the accussed has to pay to drag the case duration by appealing at higher level of courts in case the decision is not in favour of the accussed?

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3 Replies

T. Kalaiselvan, Advocate (Advocate) 02 October 2013

The execution of NBW purely depends upon the Police who may or may not help the accused, in case they are helping the accused, they know how to escape from the law and the court orders if by chance they are found to be in collusion with the accused and hence they did not nab them. Though there is time fixed for disposal of such cases, practically it is not possible to adhere to it either by the trial courts or the appellate courts, hence do not break your head about appeals now itself, moreover, the case has not even passed the 1st stage of initial questioning, this can happen only when all the four accused appear in the court together for questioning. A civil case for recovery of money could have been filed simultaneously along with the present case itself, even now it is not late, obtain certified photocopies of all the documents from this court, file a civil suit for recovery of money along with a petition for attachment of property of the company before judgment. Tighten the noose of all the accused from all the corners so that unable to withstand the pressure, you may find a message from them on one fine morning inviting you over a negotiation table on the issue.

R Trivedi (advocate.dma@gmail.com) 04 October 2013

Mr Dixit, frustration will be there in court cases because of extremely slow pace, but yes once the machinery is in action, it will give results and do justice, sooner or later.

Now, please do not drop the names of those two partners, let it proceed, it is difficult for a non criminal to manage NBW for long. As rightly stated above move civil process under rule/order XXXVII against the firm. You may have to deposit the court fee, around 5% or so, but if the claim is genuine, it will be faster.

sunaina (house wife) 04 October 2013

Life is so complex...It's non of my business here, but just a thought-

Zindgi itni nazook aur complex hoti hai---such small factors of she chatting earlier, having a lover previously-there is nothing called purity that humans believe exists,that is why we are humans not gods...even gods seemed to have produced kids from ears etc(have heard vague stories, stand corrected)---a marriage is based on trust and understanding,with love involved, one cannot compromise in this emotion-

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we all are humans, we err, we rise, we forgive and rise again-many a times, many times parents cause havoc to marriages, their frustrations anger are filtered in the marriage, the children absorb it, and mess their lives-agreed an indian girl is meant to marry the whole family(I mean duty wise), shaming her, is not a way-battering her for her past deed is a solution or healing her. rising above is a solution?

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In her shoes you could have been? na no one is so pure-I can hear something like-Im not that kind of person-(and even if you dont feel or did things of that order, does not mean no other human can do?)please dear, think about it-we are humans-every female, every male has some past, dont shatter your marriage-on such grounds-in anger many a times one does not see within themselves, sit contemplate...

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Bitter moments and steps have taken its form, damage is done-trust flows away, hatred, vengeance filters-sigh!!

Wish you all the best...