138 ni act case transfer to another state


Dear Sir/Madam,

May/2015, My lawer told me he has filed a cheque bounce case in Haryana against the company who issued me the cheques(1Lkh).

July/2015, Then he also informed that he has filed a memo to transfer the case to Odisha after I informed him about new amendment. 

After multiple requests since May/15, he is not providing me any case details i.e. case number, which court No., what date the memo was filed, when will I receive the original papers or the case will be directly transferred to Odisha etc is still unknown to me. I have been paying his fees on his every visit to court as he informs me.

I need the petition copies to file a complaint in Economics Offence Cell as this cheque is related to Chit-Fund case.

I am a 80 years old man and can not go to Haryana for proceedings as I had put the cheque in Odisha for clearance and the new law amendment by cabinet just came to light in Jul/2015 and this allows to fight the case from Odisha also.

Can I send another lawer from Odisha to Haryana just to find out the case status and receive the original papers?
I am helpless, any help or direction would be appreciated?

Thanks,
Natabar

 
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LEGAL CONSULTANT

Lawyer said that he filed the case in Haryana,how were U not involved when U are the complainant? I feel there is something fishy.It is difficult for U to find out the status from Haryana.If U atleast  know in which court he has filed U can get the status through E courts website.


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Of course I was involved, but after filing the petition, I was not given any details as he said the case is to be listed, then I will receive a case number. Even now, he says the same thing that the summon has not been sent, and the case numbers and details are in the court file.

Now the situation has changed a bit bcaz of Cabinet amendment which I think can give some life to the case if it gets transferred to my home state(Odisha). He also says he has filed a memo for this as it is difficult for me to travel frequently and appear if I pursue the case in Haryana. If it is inevitable, then can I give POA to some trusted person to pursue the fight on my behalf?

He may be right in his view and conduct, but I am still in dark. How can I find out the details and copies of the proceedings which I need for filing an FIR in Economics Offence?

 
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LEGAL CONSULTANT

U can find out the status of the case if U know the case number or atleast in which court it is filed,through ecourts website.

 
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PRIVATE PRACTICE

Sainath Devalla is correct

 
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PRIVATE PRACTICE

But one question on which date it was filed by your lawyer you was present there before the court as such why you do not appoint another lawyer of this court if your lawyer is not crystal clear ?

 
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Thank you Mr Sainath and Mr Bhrigu. I got the details from court archieves online as suggested by Mr Sainath. Also spoke to my advocate today with bit hard voice where his conduct was on stake bcaz of his carelessness. He said he is receiving the order for return of the case soon to refile at Odisha. I have deliberately kept the advocate name and court perticulars away from the public forum as it might lead to name and shame which is not the right practice of this forum.

Thank you for all your valuable suggessions. Really appreciate it.

 
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LEGAL CONSULTANT

When U got the details from the website,U would have also got the status of the case or regarding transfer of the case.U should not have brought it to the notice of UR lawyer and waited for some time.

 
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I agree with the expert advise of learned Mr. Sainath Devalla.  In my opinion, your advocate seems to go in a proper  and right direction but the inordinate delay has caused you anxiety and frustrations that is why you want a second opinion from lawyers here in this forum to confirm if your lawyer is going in a right direction.  However since you have confirmed the details through online, better follow it up with your lawyer itself. 

 
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Hello Mr Sainath, I have read the case status online. But the 2nd order which was passed a week back is not yet appearing on the cases status page online. Only last month's order detail is shown. Does it take more than a week for the orders to be available online? Thanks in advance for your support.
 
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