Friday, April 17, 2009

Section 138D - Changes made me to suffer 3 more months

Case 205/9 - Lehana Singh V/S Amit Manhas (Section 138 D IN)

Well after waiting for 3 months for my date at the Tis Hazari Court, I finally had my date for the case today. The lawyer Mr. Saini was confident that we will get the Summons issued today. Got to see those courts again. I was really fed with waiting outside the court premises during my tenure as Area Incharge for HPCL ........following were my legal ventures in the past

1. Fought a very highly publicised and bitterly fought case with Reliance. ( 2005)
2. Land lease case for Swastic Auto, Agra Gate, Ajmer. ( Land lord Mr. Mehra was shrewed person and literally bent HPCL case in the past)(2006)
3. Legal case for dealership of COCO (company owned Company Operated) outlet at Nizampur. I remember while taking over the site even the Police and District higher Authority ( don want to name) pressurised me a lot. Faced a potential vunerable threat from the occupants ( some of them have been convicted of heinous crimes as murder)(2007)
4. Dealership selection case for Kasabkheda Phata - Against complainant Priety Ingle .....if i remember correctly.(2006)
5. Hind Super Services - Land issue for a very hopeless dealer...umm wasnt involved much in this particular case.

But now fighting a personal case was giving the blues to me. When I told the lawyer about some new judgement from Supreme court abt the case Jurisdication, he told me it can be filed from 5 places

1. Complainant adress
2. Accused address
3. Produced bamk
4. issuing bank
5. place of issue of notice

Alas the Magistrate Mr. Sudesh (Case was transferred to him from Mr. Tarun Yogesh) blew the things and logics away.

Despite a no of arguments from lawyer, He gave his final word - " FOR JURISDICATION ON 07.08.2009). I was shocked that 3 months to just start the case......and was telling my lawyer that - JUSTICE DELAYED IS EQUICALENT TO JUSTICE DENIED

I was in rush of blood abt the Indian Judiciary, but later both of us analysed .........150 cases daily of check bounce for 1 magistrate.

3 months = 150 * 3* 20(no of working days) = 9000 cases are in loup with single magistrate

Its horrible scene - the magistrate don hav even time to go deep into the arguments......
GOD SAVE INDIAN FROM INDIAN JUDICIARY AND SAVE ME FROM THIS TORTURE OF - " TARIKH PE TARIKH ......TARIKH PE TARIKH"

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