Vikas Jain (Advocate) 29 August 2014

138 ni act case with complications

Hon’ble Experts,

The matter u/s 138 of NI Act & 420 of IPC is pending before the trial court since 2011, here the complainant initially had engaged an Advocate who was the then the junior of the Advocate engaged by an accused. Thus the things didn’t go well apparently.

Now the complainant has changed the Advocate but the complication are the original file of the case which was with the earlier Advocate wherein all the original cheques, petition, acknowledgement and remarks of bank all there. The earlier Advocate is not handing over the file for no reasons, and projects all vague excuses. The presently Advocate is also not been able to deliver anything significantly.

I request to experts to guide appropriately.

Thanks

Vikas

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3 Replies

Simi Salooja (Legal Secretary) 30 August 2014

Vikas. What do you want to know exactly ?

sripada VRS (LEGAL AND FINANCIAL ADVISOR) 05 September 2014

dear friend, u tell ur new advocate. first u appear before the bench and request them to handover the documents. or lodge complaint before bar association for seeking help.

Hardeep (Business) 05 September 2014

it is settled law that the prior Advocate can not retain any case papers if he is changed, even if the client owes him some money. New Advocate should be able to handle, else a complain lies before the Bar Association as already suggested. Stringent penalties including barring from practice can be imposed on such Advocates since for a few the whole Legal profession falls under disrepute, besides severe inconvenience to the litigants.