I would be appreciating if you could provide your valuable input on below query.
In the year Nov-2008 a case has been registered before SDJM against the crook U/s 341/323/294/384/506/34 IPC, and an order passed by SDJM u/s 156(3) CrPC. to the local police with directions to take necessary action and report, and an FIR got registered with the local police station with statement of complainant along with witness before Investigating officer, CROOK has made above mentioned offences,(including taken a signed cheque from complainant forcefully) then after two months complainant got a notice from the CROOK of U/s 138 demanding certain amount which cheque was dishonored, then complainant appeared before High Court and grant an interim Stay Order against the proceeding of 138 case, complainant keep regular trap on police regarding his case but every time police had some different excuses, then complainant again appear before magistrate and police been asked to submitted Case Diary, and police submitted the C.D. stating complainant is not cooperating in investigation, which was false, again complainant went to police station with all his witness and recorded the statement and again it has passed one year with no result, then complainant sent a letter to commissioner of police, Dy. Commissioner of Police, I.O asking his case status and again there was no reply from any of them and again it has passed two more year then complainant made a petition before High Court for inaction of police and Honorable High Court asked police to submit the case progress report and after six moth police submitted the report stating final form has been submitted before concerned SDJM, that case was a false case and complainant did not cooperate in investigation as on 15/07/13 and Honorable High Court dispose off the case.
Complainant stay’s out of state.
My questions are.
1-Can complainant save the case by filling a protest petition before concerned SDJM, and what is the time limit for filling a protest petition?
2-Is complainant presence is must for filling a protest petition or his assessor/advocate can do so, subject to available of authorization.
3-Is there any limitation of above mentioned sections?
4-Complainant advocate who fights for 138 cas says no need to go behind the above mention case and the complainant can easily discharge from 138 case as the said Crook has presented u/s 138 case through affidavit and again no liabilities document has been produced before the honorable court.
Since the final report has lbeen submitted before lthe court you can file a protest petition before lthe SDJM and argue you case for taking cognizance in the matter on the basis of lthe witnesses availabel with you which has not been recorded by the police during the investigation. You can also lead witness which are supporting your case to prove that cognizance can be taken in the presnet case . If the final report is accepted by the SDJM , then you will lhave to approach the higher court aganist the order of accepting the final reprot of the police.