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arvind (Promoter)     05 February 2015

Inquiry against cognizance

hello there once again, after a long time !

 

a complaint was presented under 138 NIA in courts, it was mentioned in the complaint that the legal notice served to accused was refused by accused to receive, but this refusal notice was not presented by applicant along with the complaint (rest other related documents were submitted) to the courts. Even though the courts have taken the cognizance (with out submission of refusal notice of accused).

i wish to ask if such cognizance can be challenged or not ? in case of yes, please suggest the guidelines (section / sub section / judgement).

 

regards

 

arvind 



Learning

 3 Replies

SANTOSHSINGH. (ADVOCATE sardarsena@gmail.com)     05 February 2015

Yes you can challenge the cognizance on this point and many more such points but withing limitation.of filing revision.

 

Normally higher courts treat this as INTERLOCUTORY ORDER and do not admit revision but an experienced advocate can get not only the revision admitted but precess recalled.

 

Our associates in most of current cases where complaints have been returned due to jurisdiction issue have used these methods  when such complaints are submitted at proper new courts and got good results.

arvind (Promoter)     07 February 2015

sir

thank you so much for the early reply. sir one more request, please donate some points or citation (ruling) in this case as we are just new born babies in field of law.

 

regards

arvind

SANTOSHSINGH. (ADVOCATE sardarsena@gmail.com)     09 February 2015

There can not be ready made format, you have to show all papers to find the reasons for recall of process.

 

And far those whose cases could not be transferred due to various meaning taken by courts about whether stage of 145=2  had arrived  or not.there is still possibility of their cases can be transferred however the value of cheque should be substantial for such efforts.


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