Section 138 - judge on leave

Querist : Anonymous (Querist) 09 June 2010 This query is : Resolved
I have filed a case of cheque dishonour u/s 138.

June 14th was fixed as the next date of hearing. I am informed by my lawyer that the judge on that day may be on leave.

What happens if the judge is on leave - is another date given or some one else hears the matter.

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Arvind Singh Chauhan (Expert) 09 June 2010
Generally another date is given, If judge is on long leave and and nobody is notified for hearing cases of this court.

Parthasarathi Loganathan (Expert) 09 June 2010
Such situations should be totally eliminated and managed effectively by our Judicial Administration System in this country. Court procedures should never get delayed or postponed for personal reasons of few.

B K Raghavendra Rao (Expert) 09 June 2010
If the judge is on leave for that day or for many days there would be an in-charge court and litigants if they want to push their case fast may ask the bench-clerk/court official to post the case before the in-charge court. It would be done so. There would not be any loss of time if the judge is on leave for those who want their case to be proceeded without delay.

Adinath@Avinash Patil (Expert) 10 June 2010
I agree with Rao

Surrender K Singal (Expert) 10 June 2010
That may be easier said than done in actual practice; So long as the accused has not been served, the in-charge court (if at all designated by the District Judge) may not mind proceeding !

Guest (Expert) 10 June 2010
I do agree with Mr Rao.

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