Sec 138 limitation
darshan
(Querist) 22 January 2015
This query is : Resolved
dear sir ,
in my matter court had given foolwing descision regarding my matter
15.09.2014
Present: Ld. Counsel for the complainant
Accused absent
In the present case, notice has not been framed till
date. Therefore, in view of the directions of Hon'ble Supreme
Court of India in the case titled as “Dashrath Rupsingh Rathod
Vs. State of Maharashtra & Anr.” in Crl. Appeal No. 2287/09
decided on 01.08.14, this court has no territorial jurisdiction
to try this case. Therefore, the complaint is returned to the
complainant to file the same in the court having territorial
jurisdiction to try the same within 30 days from today only.
Ahlmad is directed to return the complaint and
original documents to the complainant/AR of the complainant or
counsel after obtaining the certified copies of the same on
record.
Copy of the order be given Dasti to the complainant.
File be consigned to Record Room.
(Gagandeep Jindal)
MM(N.I.ACT)/South-East
New Delhi/15.09.2014
now scene is that
court order date is 15.09.2014on that date clear order .. submit the matter in related court within 30 days only.
but here complainant collected documents on 7-11.2014 and submitted in my area court 7-12.2014
is this valid or comes under limitation .
note ...condonation of dalay letter not attached
pls guide
Dr J C Vashista
(Expert) 23 January 2015
Get an endorsement made on the original set of documents/complaint returned to be signed and dated by Sh. Gagandeep Jindal, MM.
Your 30 days time will start from that date i.e, 7-11-2014 and not 15-9-2014. However, the time taken from 15-9-2014 till date of application for CA shall also be included, whereas, time consumed by CA shall be deducted from 30 days of re-filing of the complaint.
There are number of such cases especially from District Court Saket, New Delhi where the copying agency is consuming months together to provide certified copy of the complaint/document to litigants for substitution of the original, which is compulsory before return of original as per directions of the court.
DEFENSE ADVOCATE.-firmaction@g
(Expert) 23 January 2015
Judgments are always given in open court so complainant is supposed to remain present on that day.
What he did from 15.9 to 7.11. This period can not be condoned.
Rajendra K Goyal
(Expert) 23 January 2015
Certified copies were made available on 07.11.2014, case was filed on 07.12.2014 (which was Sunday, how filed?).
Get the endorsement of date on which certified copies were made available documents by the Court, also 30 days had passed, prey for condonation of delay.
ajay sethi
(Expert) 23 January 2015
agree with Dr JC Vasishta
DEFENSE ADVOCATE.-firmaction@g
(Expert) 23 January 2015
Dr Vashishta can you please tell under which law that when the Judgment / order is given on 15.09.2014 and application for certified copies is given on 7.11.2014, so how and under which law or provision this period of 15.09.2014 to 7.11.2015 will not be counted for calculating the limitation.
YOU HAVE SAID THAT-
your 30 days time will start from that date i.e, 7-11-2014 and not 15-9-2014.
darshan
(Querist) 23 January 2015
Pl3ase note that
In judgement clearly mentioned ___the complainant is directed to file within 30 days from today only
Guest
(Expert) 23 January 2015
Yes,Application to Condone the Delay to be made for Admission.
V R SHROFF
(Expert) 23 January 2015
CHECK TIME TAKEN FOR CERTIFIED COPIES..
AS ORIGINAL COURT MATTER IS OVER, CAN'T TAKE ADVANTAGE OF THAT COURT.
NOW APPLY FOR DELAY COND IN NEW COURT.
Dr J C Vashista
(Expert) 24 January 2015
Dear Advocate Defense,
1. I agree the complaint is required to be re-filed within 30 days from the date of "return"/today. However, that "today" is counted from the date the original complaint and documents are handed over by 'returning court'to the complainant after its substitution with certified copy given by copying agency.
2. The catch in the case is grant of certified copy hence the time taken in preparation of certified copy by the court (CA)has to be excluded from limitation of 30 days.
3. In one of my personal (client's) case pending in the court Ms. Bhawna Kalia, MM, Saket district courts, New Delhi since 04th March 2012 for "service to accused" has ordered to return the complaint on 07th November 2014 for re-filing in the court of jurisdiction i.e., District courts Dwarka, New Delhi. We applied for certified copy on 21st November 2014 and received it on 14th January 2015 after a long chase to the Incharge CA, its Administrative Officer and the District Judge Saket, New Delhi. We got the endorsement of date of return i.e., 14th January 2015 on the complaint by the Ld. MM and re-filed in Dwarka Courts same date, which has been accepted/admitted by Sh. Deepak Kumar, Ld. MM District Courts (NI Act-08) Dwarka, New Delhi as "within limitation" without any application for condonation of delay and summons has already been issued to the accused.
4. Now it depends upon/differs from case to case, I have shared our own recent experience.
DEFENSE ADVOCATE.-firmaction@g
(Expert) 24 January 2015
What you are saying is known to even non legal persons.
I have asked you how the period from date of judgement and the day application made for certified copies can be condoned unless the delay is excused / condoned after proper application.
Please again read your reply where you said-
your 30 days time will start from that date i.e, 7-11-2014 and not 15-9-2014.
AND MR AJAY SETHI HAD AGREED WITH YOUR VIEWS.
MR RAJKUMAR, MR SHROFF AND MR GOYAL HAS GIVEN THE PROPER PERSPECTIVE.
darshan
(Querist) 24 January 2015
no application attached in file for condonatoion of delay @filing matter again ..
T. Kalaiselvan, Advocate
(Expert) 26 January 2015
From the orders of the court and contents of the author, it can be seen that the complainant collected the papers/documents on 7.11.14 though the order was made by the court on 15.9.2014 itself. This appears to be an ignorance on the part of the complainant, thus the views of advocate defence holds good. Moreover, there is no provision to condone delay in such return and representation to the jurisdictional court. Hence, if properly viewed, the case may be dismissed at the admission stage itself.
darshan
(Querist) 29 January 2015
So what should be next step
Advocate Bhartesh goyal
(Expert) 23 January 2015
