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Anil Agrawal (Retired)     09 September 2015

Cheque bouncing

After ordinanace on jurisdiction, a 138 case is required to be transferred. The magistrate said

UNCONTESTED. RETURED TO COMPLAINT.

What does it mean? What is the period in which the case will be filed in the new court. What happens if not filed within this period? 



Learning

 5 Replies

Advocate M J (lawyer)     09 September 2015

GOOD DAY THE HON'BLE LAWYERS  My client is accused U/S138 of N.I. Act, during the trial I could not cross examine the complainant due to which I submitted an NOC TO THECOURT on medical grounds requested the court to permit the accused to cross exmine, the accused did not do the cross exmine properly thereafter I submitted my vacalat onceagain, filed an U/S 311 of CrPc to recall the complainant for cross examining, the judge refused me to cross examine the complainant NOW I FEEL MY CLIENT WOULD NOT GET JUSTICE I WOIULD LIKE TO TRANSFER THIS CASE TO SOME OTHER COURT SUGGEST ME WHAT TO DO & HOW TO DO.

Advocate M J (lawyer)     09 September 2015

GOOD DAY THE HON'BLE LAWYERS  My client is accused U/S138 of N.I. Act, during the trial I could not cross examine the complainant due to which I submitted an NOC TO THECOURT on medical grounds requested the court to permit the accused to cross exmine, the accused did not do the cross exmine properly thereafter I submitted my vacalat onceagain, filed an U/S 311 of CrPc to recall the complainant for cross examining, the judge refused me to cross examine the complainant NOW I FEEL MY CLIENT WOULD NOT GET JUSTICE I WOIULD LIKE TO TRANSFER THIS CASE TO SOME OTHER COURT SUGGEST ME WHAT TO DO & HOW TO DO.

SAINATH DEVALLA (LEGAL CONSULTANT)     10 September 2015

Adv MJ,

U should have posted UR query in a new thread?

SAINATH DEVALLA (LEGAL CONSULTANT)     10 September 2015

 

The complainant will be allowed to file a new complaint within 30 days of return in the court having territorial jurisdiction of the drawee bank and the same will be deemed to be filed within limitation period.

Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer)     11 September 2015

It was unwise on your part to request the court to allow the accused to cross-examine the complainant. If the accused was competent to do that, why should he have engaged a lawyer? You should have sought an adjournment.


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