How to handle the trial of the case?
(Querist) 22 August 2009
This query is : Resolved
The fact of the case is:
A (Defacto Complainant/Complainant)buys a car in 2001 his brother's sons (B & C)just take the car for a ride and didnot turn up for three days and after the fourth day they rang up and say due to their urgency they sold the car and they will pay the money in two or three days. A lodged complaint with the police against B & C and the police and Road Transport Office were in search of the car and the B & C. After nearly 5 months with the help of three neighbour state police and Road Transport Offices, the car was traced and its new owner(!) was arrested and from him the address of the B & C were obtained. Warrant taken and arrested B& C and brought him to the court by the police and FIR states the IPC sections 410,411,414,415 & 425 of offences they did.When the case is in its trial stage, the Court transfers the case to 'Lok Adalat' and try settle the matter amicably and the Accused agreed to pay the car sale value with in 3 months and they issue a cheque for the amount. The cheque bounced again the Complainant was in search of the B & C and finally they brought into the court after NBW was taken against them by filing a cheque bounced case(138 NI Act) for their willful default. After some hearings the accused pleaded the court to transfer this matter also to the Lok Adalat along with the previous case pending with them that they intend to settle the matter there itself. Against the intention of the Complainant court transfer it again Lok Adalat for settlement of both the case. There the B & C agreed to pay the cheque amount within 3 months and initially they paid Rs.75,000(for 1,90,000/-) and another Rs.80,000/- was paid in small instalments on the hearings and a balance of Rs.35,000/- is still kept pending even after the completion of 5 years of the transfer of the 138 NI Act case. The Complainant accepted the amount before 6 years that too the accused agreed to pay within 3 months. But even after 6 years the accused did not pay the full amount and they were continuously absent for the Lok Adalt. Finally last month since the complete settlement could not be effected the Lok Adalat remanded both the cases to the trial court. Now in the trial Court the accused represents he is ready to pay the balanace of Rs.35,000 plus another 5,ooo/- and demanding us to accept since the amount was agreed earlier. Now the complainat says since the accused made him to wait for nearly 6 years and even now they did not complete the payment of the agreed amount he demands another 1 lakh or else to conduct the trial of the case. The Proof affidavit filed and documents are marked in both the case. Since the accused admitted their offence(by paying the amount in parts) is any chance of requesting the trial court to pass order without the trial(documents are also marked)? Is there any rule or section in CrlP.C. to demand such. The Complainant is now 85 years old and sick and he may not be able to attend the trial(he is an ex-policeman)? Please advice me
VIKAS RAJ CHHAJER
(Expert) 25 August 2009
Please i don't want to advice as there is strike in our district so please pray for us that our high court may not broke and we may live unitedly.
For your matter i will respond but after few days.
Vikas Raj Chhajer
(Querist) 26 August 2009
Thanks Mr.Vikas Raj Chhajer. Hope all the problems would be solved at the earliest