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Nitin (Professional)     20 October 2009

Case under Sec. 138

Last year, I filed a cheque bouncing case under Sec.138 against a defaulter. It's almost 10 months, the Court has failed to take cognizance of the petition. Sometime the judge is absent, sometimes the pending clark misplaces the file and each date is 2 months apart. Is there any redress for a common man against this delay ? Where can I go to seek justice ?


 7 Replies

Kiran Kumar (Lawyer)     20 October 2009

for the time being u make a complaint to the Sessions Judge for this unncessary delay.

Sarvesh Kumar Sharma Advocate (Advocacy)     20 October 2009

u make a written complaint before the same court for unncessary delay,and then wait the order if it is not sufficiant for u then go to high court for expidiously trial.


adv. rajeev ( rajoo ) (practicing advocate)     21 October 2009

I do agree with both the learned members.  U do one thing in the open court say the same thing before the judge that you are going tomake a complaint, dnt hesitate to do this otherwise they think that they are the supreme.

Anil Agrawal (Retired)     21 October 2009

 Why crib for 10 months delay. I am waiting for the last ten years without a single hearing. Yes, I can go to Sessions Court. I can go to High Court. There is only one problem. I have no money to hire expensive lawyers and I am too old to run about. Therefore, the alternative remedy suits me fine. To suffer.

Nitin (Professional)     21 October 2009

It is very sad to learn about your story. But, if we educated people of india don't wake up and scream for justice, who will ? I can understand that, you have no money and you are too old to run around, atleast you do is,can write letters to people who matters. The learned members of this forum will guide you. But we should unitedly and not give up our right to speedy justice.

ghansham das (self employed engineer)     22 October 2009

I can cite where in metro poly citites are given six-eight months date by jc.?

This is India, gujrat samachar said 300 years will be required at least to get the justice at the presnt. hnce minstry announced for 500 more courts?

You should submitt to chief addl magistrate in the next court. if ?



Anil Agrawal (Retired)     22 October 2009

 Read Justice Oka's judgement. The magistrates are record stereotyped statement of the complainant in a preconceived format without following the law.

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