Legal Question in Criminal Law in India

My grandfather had given money in good faith to a Mr.A who gave him post dated cheques which bounced on depositing. The case was filed under Section 138, NIA at Dehradun, India. Mr.A bribed the postmen and the police, not to deliver the summons and warrants. Finally the Non Bailable warrant was delivered to him and he came and applied for bail in the court. Soon afterwards my grandfather expired and as per his will the case was to be transferred to my mother. As per the court procedure, Mr.A is expected to give a no-objection for the transfer. 2 years later after innumerable summons he has not appeared in the court. Our lawyer is asking us to approach the high court to get an order for expediting the case, which will ensure that the case is disposed in 6 months.

A few queries here: a) Can the lawyer do something which he is not doing?

b) How long can the court not pass a judgement in this case and continue to issue summons and warrants?

c) Is the high court the only route to expedite the case?

d) If the case verdict is announced in our favour, what do we stand to gain? Does the law state the amount. It is 8 years since the case is on.

e) Can Mr.A appeal against the order and drag the case?

f) What all will my mother have to prove in the court?

Please help.

Thanks S


Asked on 3/29/11, 6:44 am

1 Answer from Attorneys
Vishwa Arya Arya & Co.

a) Can the lawyer do something which he is not doing?

It would be difficult to answer unless one has gone through the entire order sheet from the day one till date. From facts, it is not clear if A's bail has been cancelled and notice has been issued to surety of A.

b) How long can the court not pass a judgement in this case and continue to issue summons and warrants?

It may not be a bad idea to insist on declaring the accused mr. A as a Proclaimed Offender. then move for attachment of assets of A and simultaneously lead evidence .

c) Is the high court the only route to expedite the case?

No. I hope if you follow the route of 82 - 83 Cr PC (Proclaimed Offender) against Mr. A that will compel Mr. A to surface and come to the court

d) If the case verdict is announced in our favour, what do we stand to gain? Does the law state the amount. It is 8 years since the case is on.

Yes, you may be awarded the compensation

e) Can Mr.A appeal against the order and drag the case?

Yes, there is provision of appeal before Sessions Court and then criminal revision before High Court under the Criminal Procedure Code

f) What all will my mother have to prove in the court?

That A was liable to Grandfather. Cheque Was issued by A to discharge his liability. Cheque got dishonoured. Grandfather issued notice to A within one month of dishonour. A had received notice. A after receipt of notice failed to pay the cheque amount.

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Answered on 3/29/11, 7:24 am


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