Legal Question in Banking Law in India
No commencement of trial for 6 years
I am an accused in a cheque dishonour case filed in 2000 u/s 138 but the complainant has not commenced trial but has been asking for adjournments through his counsel without his personal appearance for the past 6 years during which time three magistartes have changed. The latest Magistrate chides the complainant lawyer but concedes to his request for adjournment. My lawyer says it is for my good that complainant has been seeking adjourments so that one day I would pay and it is not his intention to punish me but to somehow recover from the cheque amount of Rs 15,000/- as the evidence is allegedly against me. But I am innocent in so far as I did not receive money on the date and the manner in which the complaint has made it out and more over the firm has become extinct and I am now bankrupt and cannot pay. I am prepared to face any eventuality. But can I at this stage seek quash of proceedings in the High court for abuse of legal process. Please advise.
3 Answers from Attorneys
Re: No commencement of trial for 6 years
yes, you can apply directly to High Court in such matter.
Re: No commencement of trial for 6 years
Yes, you can proceed for quashing the Complaint on grounds of abuse of legal process. However, if you are from Maharashtra, please note that the Bombay High Court has taken a view that issuance of process is an interlocutory order and therefore revision is maintainable. In this view the Bombay High Court is reluctant to quash the proceedings.
Re: No commencement of trial for 6 years
Whatever your lawyer is saying to you is correct.However, you can move to the High Court for quashing of proceedings.
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