registration of criminal complaint

Harshpal (Querist) 14 October 2010 This query is : Resolved
I filed a complaint in CJM's court under section 29 of SARFAESI Actfor contravention of Act. The CJM passed the order that i should go to DRT under Section 17 of the Act. What is its legality? it is like i file a case under 138 NI Act and magistrate says you go to civil court for recovery of your money.

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Manish Singh (Expert) 15 October 2010
Dear Mr. Harshpal,

your matter must have fallen under the category of appeal only but not under contravention of the Act, thats why the said order would have got passed.

If you think it was not appealable as per section 13 read along with sec sec 17, instead it was contravention the try to prove it under revision.

pawan sharma (Expert) 15 October 2010
No it not that mean as you thought, where the procedure is given under this Act for such/ special cases,first follow that.

Kirti Kar Tripathi (Expert) 16 October 2010
Pawan is correct.

Manish Singh (Expert) 18 October 2010
Dear Mr. Pawan & Mr. Tripathi,

do you understand what the querist had asked herein. firstly understand the question and then only answer.

Harshpal (Querist) 18 October 2010
Dear All
Please refer to my today's (18.10.2010) query 'Dismissal of Criminal Private Complaint'
The views of Mr. Burman adds new dimension to the whole thing

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