fate of 138 cases

Respected Shashi kumarji and others,

Thanks for advice not to take risk on a piece of paper like cheque. But still my question dated 02.03.2011 remained unanswered. Again "since you are aware that it takes time in courts" why? Mal practice should be stopped at court level also. Procedure in court hearings should be adopted in which innocent persons should be acquitted at once and at the same time guilty persons should be punished without delay. Adjournments should not be given except in rarest of rare case without imposing cost, and cost should be of the nature that discourage the person who requires adjournment on any ground. The adjournment application should be made at least  on Rs. 1000/- stamp paper or 1% of face value of cheque amount whichever is more for either party. Adequate punishment should be provided when case ended in conviction so that there should be "fear psyche" in the mind of guilty persons. If false complaints are filed, the complainant should be suitably punished. Bail provisions should be made more hard so that no one can drag the proceedings. More judges should be appointed and more courts should be opened. But most important of them not to adjourn the case for next hearing and adequate punishment of guilty persons. All of us will see that there will be tremendous increase in court cases, but the time period of completion of them will be less. In our country, very less % of dishounored cases comes in our court due to delayness and other hardships.

Hoping justice will be given in judicial system without delay,

With regard,

Satish Kapoor ji,

What if after waiting for year and one is not able to and when you threat them to go to court and they laugh at you because of justice delayed or denied ?

Dear Shashi Kumar Ji,

If you break your FD and give this money to your needy friend, are you not suppose to charge anything ?.

In my opinion If you are landing money to any unknown person at interest and you are doing this as business then its called Money Landing. Marely giving money to one of your friend can't put into Money Landing Business.

This is my opinion, need others input and explaination.

You have greed for interest , borrower traps you in this greed.

Respected Shashi kumarji,

Why are all of us not in favour of speedy justice systme without any room for anyone to delay and justice for all whether it is borrower or lender?

Every body wants to speed up his / her case so what legal system can do. More over the cheque is money claim only why it should be given priority against other cases of social injustice or say corruption.

Dear Shushil kumar ji,

So you mean offring interest by borrower to lender is still a crime of lender to accept the interest and borrower has no responsibility towards cheques he has issued to repay the debt and he can get it bounced ?

My friend died few months back because he was in debt and no body wants to lend him more money for his surgery because he had boubced enough cheques.

In my opinion everything is important in life and above all we also need money to live.

My dear, I have said that if u really help friend  ( charge bank rate interest), it is really very very bad if he betrays u, it means he was not friens, but just posing as friend. Rember, dis-trust comes, when u trust some one. Now a days no body is trust worthy. But some times at the name of help people try to sqeez other side, that is bad.

Respected Shashikumarji,

 I am not telling that one cases given to priority to other type of cases, what I want to know  is “Why are all of us not in favour of speedy justice system  without any room for anyone to delay and justice for all whether it is borrower or lender or  cases of social  injustice of say corruption?” In most of the crime, again the money  is in root whether  stealing, dacoity, dowery or say corruption etc.

I am of the firm opinion from my experience that whatever you say or claim it is possible to come out of any cheque bounce case. But what happens even the complainant makes mistakes but accused in over confidence changes advocates and goes on blame game and in the process valuable time is lost.

And for those friends who are for the complainant and want the accused be hanged my humble opinion and questions to them that   how and why you parted with your hard money against a piece of paper , just greed for heavy interest and in the process you get trapped in the technicalities of legal process.

Dear Sushil Kumar ji,

So what is the way out from this trap ?

The basic problem is most of  the cheque bounce cases are not genuine transections and hence it is easy to demolish them.

How one can give money and shunt in the courts for years and bear expanses because of greed of heavy interest and unreal liabilities.

So do not expect phantom profits , the problem will be solved.

What do you mean by genuine transactions ?, Cheque has been issued to give money and cheque has been accepted to discharge the libility is not a genuine case ?, to whom so ever.

Can you please sugest, how to demolish the case in this situation ?

Learned lawyers:

In a matrimonial case, Rs. 500/- as litigation cost per date was awarded. I want to know  comments whether same citation can be implemented in section 138 N I Act. If yes/no, why ?

Learned lawyers,

 In a case u/s 138 division bench of Karanataka High court dealing specially what should be the compensation stated :face value of cheque+interest thereon @18% p.a.+prosecution cost should be got given to victim. If this citation is shown in trial in  Rajasthan whether it is mandotary to follow the citation or not by trial court and if not followed, any remedy in addition to go to revision in next court.

HC cases are not binding in other states. Morever every such citation has peculiar circumstance amd the same can not be applied to all cases.