Trapped in 138 case
nasir
(Querist) 11 September 2012
This query is : Resolved
can i go to human rights court for my right to justice on following matter...
MISUSE OF 138 (NEGOTIABLE INSTRUMENT ACT )
With the awareness of law my partner has misused this 138 law and trapped me in the fraud case. I m fighting since 10 years of justice but in vain.
My signed blank cheque was there with my partner Mr. M. Maknojia, with the intention of greed he wrote the amount Rs.4,63,000/- with the name of his own blood relation brothers company and deposited in the bank.
As our partnership was not in good terms I asked for disclosure of accounts as he had all the details, to avoid this he misused the cheques. The cheque was with him prior 2 years and the year written on cheque is 19__. He could not rectify(it require my signature) and just wrote 02. So the cheque became of 1902. He deposited the cheque in 2002. The cheque is time barred.
And to prove the liability he made his brother Mr T. Maknojia to make fake bills haywardly. There was no PURCHASE ORDER, no DELIVERY CHALLAN, no ACKNOWLEDGEMENT RECEIPT, no TAX LIABILITY, no SALES TAX PROOF is been provided in the court as he don’t have any.
The bills are from 1996 to 2000 and 116 bills has been produced which does not tally with the amount of the cheque. The amount of Rs.4,63,000/- is proved no where as liability.
However in trial court I was about to win but he fraudulently my advocate didn’t allowed me to produce any document in the court. I lost the case in Trial court. Paid 2,50,000 in session court n filed the appeal in 2009. And also an Misscellenous application for submitting the document evidence to support the case. Again the M/A was rejected in session, high and supreme court. So we could not submit any document.
On 10 sep 2012 the session court didn’t look for any points and charged me under section 138 and 3 months of conviction.
I m paying Rs.6,00,000/- in the session court (make sure the cheque amount is 4,63,000 but still I am paying more as I m fighting for justice).
Is our justice totally blind and easy to be misused for innocent people? I am afraid and seek help from the knowledgable peole for my justice.
This I am doing it for the innocent people who are trapped in 138 cases by greedy people like my partner.
Myself N.K.Godiwala
E Mail: iwantjusticefromlaw@gmail.com
Kiran Kumar
(Expert) 11 September 2012
you have got not case to approach Human Right Commission.
its a matter of private complaint and there is no role played by police in the entire process which could violate your Human rights.
You were supposed to contest your case on merits, if you were not able to prove your innocence then the conviction was inevitable.
Human Right Commission has no jurisdiction in your matter.
nasir
(Querist) 12 September 2012
but can I go to fight for right to justice.... as i am fighting since 10 years...
V R SHROFF
(Expert) 12 September 2012
You had opportunities to defend yourself !!
One must remain alert, and prove the fact there and then only.
Court will read evidence, and pass order!!
Court is bound with Legal Procedure, and your Advocate need to argue that you are innocent.
