There was a case u/s 138 NI ACT against my uncle.The young Magistrate (was a steno at some court inROHINI Courts -5 years ago..) was the friend of the Bank’s counsel ,therefore he ignored all the defence materials and convicted my uncle for the offence u/s 138 N.I.ACT. during the course of proceedings the accused (my uncle) submitted the letter received by him along with the envelope in original before the court as Defence witness u/s 315 Cr.P.C. THE LETTER which was sent by the bank’s advocate was ‘offer letter for settlement’ instead of notice as required u/s 138.The bank’s advocate refuted the defence evidence and claimed that he had sent the notice but the accused had forged the letter to cause wrongful loss to the complainant.The bank’s advocate filed an application u/s 340 cr.pc (without any affidavit and evidence ) against the accused .The accused filed the Reply to that complaint.The banks advocate filed the rejoinder and the accused filed the “Final reply to the rejoinder” ,thereby closing the arguments.And also filed an application u/s 340 cr.pc. against the bank’s advocate and complainant’s A.R. alongwith affidavit and relevant evidence to rebut the bank’s claim.However,the Magistrate being the friend (as he knows the bank’s advocate since his days of practice in rohini court) and convicted the accused and filed an complaint u/s 195 crpc to the C.M.M. on the 340 crpc application of the bank’s advocate.And nowhere in his order and judgment mentioned the filing of the application filed by the accused u/s 340 crpc .The accused applied the certified copy of the whole record and came to know that “the application filed u/s 340 crpc by the accused was not on the court records and the same has been removed with malafide intentions by the magistrate or courts staff to benefit the complainant”.
Now the accused is filing an appeal u/s 341 crpc against the complaint made by the magistrate u/s 195 crpc to the C.M.M. on the 340 crpc application of the bank’s advocate.And an appeal u/s 374 crpc against the order and judgment challenging the conviction.
As We have to file an application u/s 340 crpc on the grounds that the same neither being rejected nor taken cognizance of the same by the magistrate despite filing the affidavit also,but the M.M. has wiped the said application u/s 340 crpc filed by the accused from the court records.
Pls. guide as how to make a complaint of the documents missing from the court records and under which sections or provisions .The accused has only xerox copy of the said application and affidavit made on that date.
And how to convince the A.C.M.M. to consider the same and maintain it on the court records on the same date when it was filed.
And under which provisions a complaint can be filed such as 197 crpc against the erring and corrupt magistrate for his biased and flagrant attitude against the accused during the proceedings.