A Case Study: speaks of the reality in courts COMMON PEOPLE SUFFERS WITHOUT JUSTICE. They are for the influenced and the muscle powered elements in society.
From: Chandran Peechulli <firstname.lastname@example.org>
Date: 1 February 2010 19:39
Subject: Ex-serviceman's C.C,No.827/06/ Cheque-bounce Case: Justice is in the air.
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Advocates are very well respected in UK./ U.S. and elsewhere, unlike in India. India is densely populated and though there could be cut-throat competition within, they started to look for short-cuts, earning fast and invisible money, while no receipts given for fees paid to advocates. Advocates therefore collude, betray and harm their clients, put in a state of confusion, as to which advocate to be approached, for sincere professional services, to know of loyalty rating, since well read and traveled person also suffers, if so, what about the common man?
e.g. C.C,No.827/06/ Cheque-bounce Case: After filing the suit, it has taken six long months for the case to be numbered, despite reporting the matter to the PA to CJI, Madras High Court, after lapse of 4 months, gave feedback as was necessary, to the administrative machinery mechanism, who guided to see the Magistrate Incharge in 4th Court, but he was turned-back saying shortage of magistrates, since holding additional charges, assuring to wait for some more time. Alas, numbered C.C.No. 827/06/, thereafter Case was dragged with liberal adjournments and loopholes in
law, to help the accused getting medical certificate and abstaining from attending court hearing- dates, simultaneously applying delay tactics, as advocates can expect more from the accused rather than the petitioner,this is in the Police Station scenario as well. Complainant’s mindset for collection, who is on a spree to recover his lost hard-earned money. They make the petitioner fed-up and stop attending courts, so that they could grab more from the accused. In this case Advocates collude, saying there is a fast-track court within the Saidapet-Court complex, connives with the bench clerk there, addresses the grievances to presumably a senior retired judge, that the accused is prepared to pay 50% of the due amount(30-11-2007) rest within 2 (two) months i.e. 26-02-2008,and makes both the petitioner and the accused to sign, later they disperse, but the accused delay balance payment, neglect to come to the court, so harassment and humiliation continues. As per the decree, EP has to be filed for claim of the balance amount, at that stage also, the accused is favored, therefore the complainant changes the advocate to a lady advocate Mrs.Anuradha to file EP, a situation is then made that the EP is not accepted in EP Section but returned. Reports to Member-Secretary, Legal-Aid Services Authority, who asks to bring the advocate, or the papers, so that he would ask another advocate to attend. She returns back my papers as per her hubby's (who is also an advocate) advise. Since Member Secretary is a senior and busy person, time rolls off in the corridor of the Legal-Aid Services Authority. Therefore, contacted another advocate in my living area who assured to sincerely help, His filing my papers for EP, was also returned by the EP Section, saying that "only civil cases are entertained for filing EP and the origin of my case is a cheque bounced criminal case under the N.I.Act." My present advocate Vijaya Balan, alas succeeded to get my EP numbered. It took 20 long months for the EP filing and numbering. Adjournments followed, next hearing 5th February 2010. Live with hopes for the return of my money parted on 10th Sept.2004. It would be wise to view money value, now and then, time, efforts and money further spent for the recovery. Cheating has become “business” owing to delay in judgement and in the process of claim the accused is better-off than the aggrieved complainant.
Advocates in general, litigant public and all associated know that they don’t follow a descent dress-code and don't follow professional code of ethics, they manhandle magistrates, clash with police, damage government properties, strike without notice, sit dharna, boycott courts etc. They wear sandals or even bathroom chappals (rubber), seldom wear shoes. All unruly behaviour of advocates, these post-graduates section in the eye of the public, seen in TV, knows through Radio, read through Newspapers etc. I still doubt, whether it’s their clerks or their well-wishers(of different category), or suspected part-time employed hooligans, that bring a scary state of affair, within the common community/people.