Ni act case transfer after filling the evedence

Amar (Querist) 17 December 2014 This query is : Resolved
Dear sir,
I am a complainant in a ni act case where accused are appear get bail and gave plea. After this MM gave order to us for filing for evidence and I filed our all evidence on affidavit on dated 05/07/2014.
But after supreme court Judgement dated 01/08/2014 our court is transfer our case but some confusion ( our case stage 145(2)) it is pending now.
Gujrat High Cout gave a judgement dated 01/12/2014 regarding 145(2). Hon. Judge also so confuse in his judgement. Supreme Court say two line in his judgement that “recording of evidence has commenced as envisaged in Section 145(2) and ”proceedings have gone to the stage of section 145(2) or beyond”
Gujrat High Court judgement :-
When the Supreme Court says the “recording of evidence has commenced as envisaged in Section 145(2)” only means that the cross examination has actually begun. If the complainant is yet to step in the box for the purpose of cross-examination by the accused then those cases according to me are covered by the judgment of the Supreme Court. To put it in other words such type of cases should be transferred. I do appreciate that if I have to consider only the interpretation of the words “proceedings have gone to the stage of section 145(2) or beyond” then probably the learned counsel appearing for the complainant may be right, but at the same time I should not ignore the first part of para-22 which makes it very clear that the recording of evidence should have actually commenced as envisaged in section 145(2). There is a fine distinction between the term “has commenced” and “have gone to the stage of section 145(2)”. But for the words “the recording of evidence has commenced” I would have probably disagreed with the learned Magistrate.
I am of the view that the learned Magistrate is right inreturning the complaints to the complainant for being filed/refilled before the competent court having jurisdiction totry the offence.

1st In this condition please tell what is the stage of my case.
2nd what can I do in our case because I am not in position that I go that place where drawee bank.
3rd I am alone person and what can I do?

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ajay sethi (Expert) 17 December 2014
you will have to file complaint before the court within whose jurisdiction cheque has been issued by accused .

better file a summary suit . 138 Ni cases take 5 years to be disposed of . summary suit results are faster

Amar (Querist) 17 December 2014
Dear Sir,

Can I file a case against accused under sec.420IPC

Amar (Querist) 17 December 2014
Dear Sethi Sir,
Accused filed a Counter FIR against me regarding this cheque at his local Jurisdiction.

V R SHROFF (Expert) 17 December 2014
UR QUESTIOS:
:1st In this condition please tell what is the stage of my case.EVIDENCE
2nd what can I do in our case because I am not in position that I go that place where drawee bank.
3rd I am alone person and what can I do?

get help, best way POWER OF ATTORNEY , TO AVOID REGULAR ATTENDANCE.

T. Kalaiselvan, Advocate (Expert) 24 December 2014
Your question about what to do under the given situation?; it can be answered that you have to go by law if you are looking for remedy and relief.