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S h i v a (Legal Pro)     06 July 2010

Can a Magistrate refuse to take a complaint on file

We use to file cheque bounce complaints under 138 of NI Act against defaulters in one particular court though there are other criminal courts in the same campus which have jurisdiction to receive these complaints. Citing the volume of complaints pending in the partcular court, can a magistrate refuse to take complaints on file? What recourses one can have against this, when the answer being yes or no!!



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 5 Replies

S. Bharath (Advocate and Arbitrator Formerly Civil Judge)     06 July 2010

It is a problem through out the country [in cities with appreciable commercial activity]; blame it on the system! Try making a representation to the Chief Judicial Magistrate or the Principal District Judge, who may offer some solution.

S h i v a (Legal Pro)     06 July 2010

Taking up with CJM will have its own repurcussions and the impace at might show up on the present complaints of ours. But my apprehension is whether a magistrate can refuse to receive complaints? Does not this act of the magistrate violate the findamental right of a democratic citizen to litigate? Can i question the magistrate on what capacity she is sitting there by filing a writ or something!!

S h i v a (Legal Pro)     06 July 2010

Taking up with CJM will have its own repurcussions and the impact might show up on the present complaints. But my apprehension is whether a magistrate can refuse to receive complaints? Does not this act of the magistrate violate the findamental right of a democratic citizen to litigate? Can i question the magistrate on what capacity she is sitting there by filing a writ or something!!


 

Ravikant Soni (LAWYER IN JAIPUR)     07 July 2010

No, a magistrate can not refuse to take complaint. 

If you have any grievance against magistrate than you should approach higher authority. 

A lawyer is not a servant of Judiciary. When a judge practices misconduct than we should not left him free.

A lawyer keeps equal value to a Judge in Judicial system. He can't do beyond law. 


(Guest)

I can suggest that you may ask for transfer of already pending 138 complaints filed by you and are in the trial stage to fast track courts. This would lessen the burden of the particular court and may also please the judge to admit fresh complaints from you.


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