Objections, cross complaint & writ petition
Adv. Mohan Chandra
(Querist) 13 June 2016
This query is : Resolved
Sir,
In a matter u/s 138 of the N.I.Act, myself being an accused the Ld. Metropolitan Magistrate has given Judgement in my favour due to lack of evidence. With respect to above I wish to seek your opinion as follows
1. The bank has challenged the judgement in the Hon'ble High Court, but there has been a delay of 72 days by the bank, this petition has not come up for hearing for over 8 months now.
2. Can I file my objections before the matter comes up for hearing in the Hon'ble High Court.
3. Can I file cross complaint for defeciency in service and filing false complaint.
4. The bank has deposited a another blank cheque and filed a complaint in the Court of the Metropolitan Magistrate can I file a Writ Petition against the complaint in the Hon'ble High Court jointly with matter under Sr.No.1 by the Bank.
Thanks
Devajyoti Barman
(Expert) 14 June 2016
1. Since there is delay in appeal, the delay is to be condoned first before the appeal is to be taken up for hearing .
2. At the time of hearing you can oppose the prayer. In appeal matters there is opportunity to file written objection.
3. No SUCH COMPLAINT CAN BE FILED IN HIG COURT.
4. Since you are already acquitted of the offence there is not need to file complaint Contest this case which does not seem to have much merit though.
Adv. Mohan Chandra
(Querist) 14 June 2016
Thanks, Mr. Devajyoti Barman, I appreciate your feedback
P. Venu
(Expert) 14 June 2016
Yes, you can defend the appeal on the question of delay as well as on merits. Other aspects mentioned have no nexus to the subject-matter of appeal.
However, if the complaint was filed solely based on the basis of the presumption under Section 139, vires of the said section could be challenged.
Kumar Doab
(Expert) 14 June 2016
You can benefit from the advise of experts.
Kumar Doab
(Expert) 14 June 2016
You have been guided by Expert Mr. Barman, Mr Venu.
It is good to see authors coming back to thank the contributing experts.
Wish you the best.
Dr J C Vashista
(Expert) 15 June 2016
Well advised by expert Mr. Devajyoti Barman, I agree.
Since you have been acquitted by MM and did not receive any notice (on an application for condonation of delay of 72 days, as stated by you-which is wrong and incorrect statement) from the Court of Sessions and not High Court (again you are wrong in your query/post).
Recheck with your lawyer before posting your query and reply to the opinion/advise thereto by experts on this platform. Otherwise, it is an abuse of this platform, wastage of time and efforts of experts, who are sparing their valuable time and rendering a Free Social Service to needy litigants, who cannot afford to engage a lawyer.
Adv. Mohan Chandra
(Querist) 15 June 2016
Dr. J. C. Vashista ji,
After acquittal by MM I received notice from another MM from another jurisdiction, while online information is available I checked online I came across 5 cases against me in various MM Courts out of which Judgement has been given in one, 2 cases have been withdrawn by complainant and another 2 case under sec 138 and under 420 of IPC respectively
While I have not received any notice on the matter in Bombay High Court it has only come to light during this online search and application for condoning delay is pending for over 6 months and not come up for hearing. I had approached the office but have been informed to approach only when a Judge is designated for the matter and it comes up for hearing.
I am not an expert at law or its interpretation and hence some error may have crept in while putting my query on this forum, but I appreciate this forum because only their valuable feedback during the last 5 years suggestions has helped me to adopt proper strategy for my acquittal.
Irrespective of your opinion I can only assure you that these are facts and not frivolous post to waste your valuable time and that of the respected forum members.
Thanks
Dr J C Vashista
(Expert) 16 June 2016
Now some different statement has come up in the query.
Consult your lawyer for better appreciation of fact(s), proper evaluation/analyses, guidance and proceeding.
Rajendra K Goyal
(Expert) 16 June 2016
Discuss in detail with your lawyer, show him full case file / documents.
