A professional cheat issued a cheque for Rs 3.5 lacs, when dishonoured, sent a legal notice, charged u/s 138 NI Act, no response, filed in court case. Stated evading appearances, long after against an NBW, accused attended one date. Again evaded, jumped bail, issued 6 times NBW’s, One copy of the NBW was mailed to the police at accused station, whioch arrested him, kept in lock up overnight, produced before an Executive Sub Division Executive Magistrate, called ESDEM who granted him bail to surrender in Ambala court by 6.9.2013. Accused again jumped bail, was arrested, and the ESDEM again granted him bail to surrender by 9.11.2013. Once again, accused jumped bail, the same ESDEM again allowed bail to surrender by 11.1.2014. The accused again jumped bail, and this time again obtained another bail for surrender by 27.1.2014.

Earlier the accused allowed 7 cheques to be dis-honoured, charged u/s 138 NI Act in 3 more cases for 6 more cheques dishonoured.

The was apprised of the recent past history with copies of all NBW’s PO orders, and 2 arrest warrants per email on 17/12/2013 and 10/1/2014, as also per First Flight and later per Overnight Courier which delivered against receipts the same on 31/12/2013, and 10/1/2014 respectively.

I request to be told how best to proceed in the case, and more to know is the ESDEM working within law and rules, or whether he is not applying his mind, and whether is is personally liable for not delivering justice to the victim.

1) Is the Sub Division Executive Magistrate working

within rules or that

a) he is not applying his mind

b) he is illegally condoning the accused even

against repeated contempt of his own court,

c) has the ESDEM exceeded his powers, and made himself and made himself to commit contempt of court, and liable for damaging interests of a victim already suffering at the hands of the accused.

2) How best to proceed in the case to obtain justices against the accused under these circumstances.,

It is requested that your considered views be posted on this site, as also mailed direct to : (gold.ambala[at-the-rate-of]gmail[dot]com

) SurajParkash