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Author Topic: Section 138 of NIA  (Read 1241 times)

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Offline crusader20

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Section 138 of NIA
« on: March 30, 2014, 09:31:58 AM »
I had filed a case of cheque bouncing under sec.138NIA in Oct 2012 in court at Pimpri. As of today 28Mar2014 , the accused has not yet been questioned.Plea recording has been either been delayed or getting postponed due to some reason or the other. I have been attending the court everymonth since Oct2012. Before filing and registering the case, I was under the impression that under sec.138, the case proceeds fast. I am also a retired person and a heart patient taking medicines for life.After a lapse of 17 months there has been no result.My lawyer does not seem to be cooperating much. I am told that these cases proceed like this. While I had paid a large amount in court stamp fee+service chg and also paid the lawyers fee. I find it frustrating to see that on some pretext or other the accused is managing to delay the case by not appearing and sometimes my lawyer is also not present. Inspite of issuing arrest warrant, the accused is managing to get away by paying a small fine and appearing for sometime and then the same story. The court is also not  taking steps to record his plea. It seems the case has not proceeded an inch in this regard.  Pl advise. I am most frustrated at the proceeding of this case. No results or concrete action after 17 months.. Is this usual.

Offline advamrita

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Re: Section 138 of NIA
« Reply #1 on: March 30, 2014, 08:04:32 PM »
Law goes by procedure hence this delay, u can file in higher court seeking delay in proceedings to be expediated. What u are facing is just normal. At the end u will get justice which may come at a time when it wont make any difference to you

Offline gopal

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Re: Section 138 of NIA
« Reply #2 on: March 30, 2014, 08:31:52 PM »
First u lose money, than u lose peace of mind by going to court. Jai hind

 

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