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Author Topic: Petition dismissed  (Read 899 times)

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Offline Reddy

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Petition dismissed
« on: November 10, 2014, 11:29:35 AM »
Hi,
We filed a check-bounce case against someone who owes us 1.5 lakhs in return for a hand-loan we have provided him in 2010. We asked an advocate to file both criminal & civil cases, stressing more on the criminal case. Our advocate tried to file the criminal case, but the court didn't accept the petition/affidavit citing many errors. So my advocate told us that she would make the necessary corrections and submit it back. But she never did. And eventually, she told us that she can't file the criminal case anymore because we lost lot of time.

Then we pursued the civil case. After about 1 year, our advocate started ignoring our calls giving reasons such as "I am busy now" etc. After about 2 years, one day when we called her, she said "oh, why are you calling me now... your case was dismissed at least 2 months back". Then we asked her the reason for the dismissal of our petition. She said "I have to go through the documents to know the reasons myself. Give me a month or two, I will let you know."

Now we want to approach the Bar Council to file a complaint against the advocate because we feel that she was careless and irresponsible. But we don't have receipts of the payments we have made to her. And we don't have any evidence that proves that we kept calling her but she never responded.

My question is.... do you think its worth approaching the Bar Council ? What are the chances of Bar Council taking action against the advocate, so that no poor people will get cheated by such advocates? Please keep in mind the following:

1) We have a promissory note as well
2) The defendant claimed that he has never given any promissory note. But no handwriting/signature test was requested by our advocate

Your suggestions will be greatly appreciated. Thanks

Offline advarjun

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cheque bounce case
« Reply #1 on: November 10, 2014, 08:57:21 PM »
You are supposed to file both civil and criminal case in recovery suit.

civil case verdict is always superior to a criminal case verdict.

now coming back to your case, you go for appeal against the order.

regarding bar council complaint, a lawyer cannot be held responsible for the outcome of a case.
when you appointed your lawyer for the case, both you and the lawyer has signed vakalatnama, it has all that written down there.

regarding proving what fee u paid a lawyer is irrelavent.

get a certified copy of the order from court.
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