Now what is the remedy??????
Mumtaz
(Querist) 19 April 2012
This query is : Resolved
Dear Sir
My query is that JMIC passed and order in favor of the accused in complaint case under section 138 of N.I. Act. Each and every time magistrate bound /pressurized the complainant to withdraw the case. but the complainant was not ready for the compromise. But without the consent of the complainant, the magistrate acquitted the accused. The Magistrate never record the submission of the complainant.
Now i want to file the complaint against the magistrate who passed the order without consent of the complainant. Can I do the same against him?
My another query is that i want to challenge the said order. then what is the limitation period for the appeal.
adv. rajeev ( rajoo )
(Expert) 19 April 2012
You can make an allegation against that judge to the high court Registrar of vi if you have got solid evidences.,
ajay sethi
(Expert) 19 April 2012
magistrate must have passed a reasoned order . if you are aggirved go in appeal . no sese in filing complaint aginst magistrate unless yopu have proof
Raj Kumar Makkad
(Expert) 19 April 2012
None of the court is bound to seek consent of the complainant prior to delivering its judgment.
If you want to file an appeal against the impugned judgment, do so before the Sessions Judge within the stipulated time of one month.
You can't file any appeal personally against the Presiding Officer of the trial court.
R Trivedi
(Expert) 20 April 2012
Judges are quite well protected as far as Judgement is concerned. You can go for the appeal at higher courts as advised by Mr Makkad and pin point the incompetence or possibility of collusion of presiding officer, while sticking to your main arguments.
Many a times high court does acknowledge blatant decisions by lower court judges and punish them with respect to promotion / transfer aspect, but this is not open to public.
Shonee Kapoor
(Expert) 20 April 2012
Appeal, if you think that order is not right and in tune with settled law.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
SAINATH DEVALLA
(Expert) 20 April 2012
Mumtazji,
You have a right to appeal against the order of the Magistrate in the higher court,but you cannot complain against him even for baised order.
C. P. CHUGH
(Expert) 20 April 2012
Dear Makkadji,
The accused has been acquitted under NI Act, and any appeal against the acquittal of accused by JMIC/MM lies to High Court only and not to Sessions as suggested by you. The complainant has now to approach HC for redressal of his grievances for both against the JMIC/MM or impunged order.
