Dear Sir,

Cheque bounce to be tried as summery case and judgment to be pronounced within Six months. But not advocate invoking such provisions. If magistrate do not follow such mandatory provisions then you may approach the HC.

Section 262: Procedure for summary trials

(1) In trials under this Chapter, the procedure specified in this Code for the trial of summons-case shall be followed except as hereinafter mentioned.

(2) No sentence of imprisonment for a term exceeding three months shall be passed in the case of any conviction under this Chapter.

For more details please call me.

The only way is that your advocate must protest the prayers of the other party.

1)you should push for cross examination as accused has not taken any steps for clubbing of 2 cases

2) also seek costs in case adjournment application is made by accused

Dear Client,

What your advocate is doing ?

Is he incompetent enough, not to oppose the opponent tactics.

There`s no need for clubbing application, by mere oral request, both matters list together.

And it just foolish to hear, other advocate gave u wrong date, U have hired a lawyer, he should get date from court.

Well, no big deal, these things are routinely adopts by defendant side. Tell your lawyer to vehemently oppose adjournment, Court will pass orders.

Kindly press for cross examination in court and file an objection on application of clubbing also you can take objection before court on adjournments take by the lawyer and can seek cost to the effect.

Cases filed earlier would get shorter dates

Since your case is of 2017 court would be liberal in granting adjournments

Such process is common in cheque bounce cases, no matter whatever amount of cheque,

Still, if court gives further adjournment, approach high court for direction of early disposal or not to grant adjournments with out unavoidable reason.

Hello,

You must understand that there is a huge pendency of cases in the court and as such court try to expedite those cases which are older and therefore does not give preference to 2016-2017 cases.

This is sad status of our judicial system that they do not deem 1 year ols case as an old case.

Regards

Presee for the cross to be done on urgent basis.

Regards

1. This is the Standard Operating Procedure followed by the defense lawyers in such cases and the Court is very much ware of these tricks.

2. your lawyer shall have to vehemently protest when such tricks are played before the Court.

3. Do not allow such delay tactics to be played on the next date of hearing.

1. You can file a petition before the High court praying for a direction upon the court lower to complete hearing the said case with in a fixed time frame of say six months.

2. If you can manage to get such direction from the High Court, the Court lower will be under pressure to complete hearing the case with in the said stipulated time frame.

There is no provision in law for clubbing or for joint trial of two criminal cases, hence the petition seeking joint trial of both the cases may not be allowed by court.

If you find that the opposite party is adopting dilatory tactics then you may point this matter before the court and seek its intervention to direct the accused for cross examination on the next date of hearing or to close the cross examination without being examined.

You may instruct your lawyer to put pressure on court on this.

Yes in court we pressed all the delay tactics and pressed for cross to be conducted and heavy penalty was shocked by the judges reply matter is of 2017 only and gave a penalty of rs 2000 against 31 lacs rs complaint. The judge seems too lenient towards accused always giving adjournment now 3 rd time . Is it necessary that a case filed in 2017 has to be delayed is there some time process extremely disappointing.

These are routine process in the court.

You should be happy that the court has imposed heavy cost of Rs. 2,000/- for not beginning cross examination.

You may once again put pressure on court to close the evidence

Hi,

In practice the judges are burdened with much work pressure and so you must co-operate with court without any much inhibitions in mind. Further, this is not the penalty but the cost as it seems to be.

Dear Sir,

You may approach HC for fixing time bound for disposal. It has framed some rules for civil cases as follows.

Karnataka Case Flow Management Rules

Similar Rules are framed by all the High Courts

the Karnataka High Court has launched the Case Flow Management system.

The Karnataka (Case Flow Management in Subordinate Courts) Rules 2005, as it is called, was gazetted by the State Government almost two years ago. Subsequently, the High Court framed the rules applicable to all suits and civil proceedings before the subordinate civil courts and tribunals.

It divides cases into four tracks.

Disposal in 9 months:

In Track 1 the High court has included suits on maintenance, child custody, appointment of guardians and wards, visiting rights, letters of administration, succession certificate, recovery of rent and permanent injunction. All cases under this category will have to be disposed of within nine months.

Disposal in 12 months:

In Track 2, cases on execution, divorce and ejectment will have to be disposed of within 12 months.

Disposal in 24 months:

Cases to be disposed in 24 months relate to partition, declaration, specific performance, possession, mandatory injunction, appeals, damages, easements, trade marks, copy rights, patents and intellectual property rights.

Disposal in 24 months:

Cases that are not in any of the three categories are included in the fourth category and they too have to be disposed of in 24 months. The presiding officer, however, has the right to dispose of the case earlier.

The rules prescribe a mandatory time limit for various court procedures such as issue of summons/notices. Proceedings shall indicate a maximum of 30 days for filing statement or objection from the date of service.

The procedures for IAs and interim orders and reference to mediation, conciliation or Lok Adalat, appointment of commissioners for recording of evidence, proceedings for perjury, adjournment and even first appeals have also been spelt out.

http://www.judicialreforms.in/forums/showthread.php?tid=63

On account of heavy black log of case disposal take years

Sometmes the facts are bitter and hard to digest.

The system is not corrupt but machinery in the background is not cooperating property for speedy disposal

Than seek High court shelter, it will order for early disposal of case.

If there is a great urgency then file a writ under sec 227 in the HC and request the court to pass an order to expedite the disposal of the case

1. It is the burning problem in our Country that we do not have adequate infrastructure to dispose of pending cases for which Crores of cases are kept pending before the Courts.

2. The above is a blot in the democratic system of our Country since justice delayed is justice denied.

3. You can file a file a petition before the High court praying for a direction upon lower court for early disposal of the case as advised in my earlier post.

Hi, it is expected, your query is resolved now.