Overhauling the schedule is the first step for a successful legal practice. But then again if one has too much workload then he must outsource that work, the main purpose of overhauling schedule is to do 80% of the productive stuff which means revenue generating work or the intellectual work. People say time is money but the reality is time should be well spent to generate good amount of money.
Personal intellectual growth is the other area where all lawyers should work on. Doing same repetitive stuff will not work. To be successful one must diversify. One should always breach the comfort zone reaching new frontiers remember if one wants to conquer the peak then one has to scale new heights with every step.
Stopping the blame game like, bad seniors, he is from legacy family of lawyers that’s why he is successful; Client unfaithful etc. will not work when you are scaling the height of success. One has look into himself and ask is I am worthy? Daily self-improvement even if it is minute is the thing which all successful advocates possess. Major of them is that they don’t blame circumstances and they don’t crib rather they accept and welcome failure, mistakes and they learn from them.
Part-3 to be continued…
People enter legal profession with a dream that they would be like Harish Salve and Ram Jethmalani and they will have a big following and stardom, fame. But yet very few succeed or I can say so few that that one can actually count them. People believe that knowing every section of the law or knowing all the tricks of the trade will be their key to success. Yes indeed it is a key but it is not the only key. The big picture is that the people have a small outlook towards path of success they see knowledge and hard work is only key to success. But actually this limited outlook is their main cause of failure. Many people have impeccable knowledge and they work maddening hours yet they do not get type of success they always wanted to get. Indeed this is one of the ingredients of success but they say that you can’t make a dish with one ingredient.
- The first step towards the path to success is to plan for it by opening up the outlook .By planning means to review your whole day. That is to say what you every hour you spend on your work. Are you doing clerical stuff, knowledgeable stuff or networking stuff. Believe me working 16 hours a day does not make any difference if you are not doing any worth full thing. So enlarge the view.
- The second thing is quality of your outlook towards legal practice. Many young people do not enter litigation because they think it’s uncertain and very few become successful, rather than thinking when these few people can become successful why not you? The thinking of the experienced one is that they are not getting quality of cases or enough money. Why don’t they think, are they putting enough effort to explore new areas of practice? Are they upgrading themselves daily? They should ask themselves what they have learned new from their practice. How can they improve productivity and efficiency so that they can make room for more quality cases?
The real problem is that people blame external circumstances rather than looking into them. It is very clear the law of nature selects the best. So one has to be the best in all aspects of his profession, to be the best.
Part-2 continued later…
As you plead the leave to defend under s.251 CrPC as I explained in previous part.The next step is to file an application under 145(2), which is recalling the complainant witness.Since complainant can give the evidence only once to speed up the trial so the next step of complainant is to cross examine itself with the facts. Here it is advised to ask leading questions which may discredit the complainant case.This is the point and an opportunity to change the presumption and views of the judge.Under s.139 the burden of proof is on defendants.So this is an opportunity to shift the burden of proof. This is the point where the real truth comes into picture.
Now the next step is for the defense to file its evidence.The contentions raised and things discredited during cross examination phase can be proved when defense filed its evidence.
Final arguments are heard and judgement is pronounced. If there is a gut feeling that the accused can win the case or if accused is legally right.The mood of court is in favor of accused.Then never do compromise fight and win!!!
The procedure to be followed by the courts in NI-138 is the summary procedure as established in s.260-s.265 CrPC. As the expeditious trial of such cases is necessary.As the summons are duly served to the accused. The accused on the first day of appearance.
1. Furnish the bail bond.
2. Can request mediation.
Then after the first and on the subsequent hearings The accused has to plea either guilty or not guilty under 251 Crpc. If he pleads guilty he would stand convicted. If he pleads not guilty then he has to lead a concrete defense. He has to plead how the offense is not made under 138 Ni Act. Here it is recommended do not save your defense strategy.
Ni 138 is an Offence which has a criminal nature but with due diligence and due care one can easily sail through it. The NI 138 act is today being widely misused. The true intent of NI-138 is to protect the negotiable instruments to be misused in a type of fraud.
Essentials of NI 138
1. There must be debt and liability.
2. In discharge of debt the cheque is issued to the payee by the drawer.
3. As soon as cheque is handed over to the payee he becomes holder.
4. Holder then en cashes the cheque and if it gets dishonored the cause of action arises and the drawer of the cheque becomes the accused.
the procedure of complaint is there in the code. But today NI-138 is being used as recovery tool instead of availing remedy under specific performance or in civil cases. The idea of NI 138 is to protect the misuse of cheque but not to misuse NI 138 for some other reliefs.
For example if a cheque is issued under an agreement and breach of agreement involves payment of money. Then cheque used under such agreement is a security.The apt relief is specific performance not the NI-138.
As in India legal awareness is minimal that’s why people under the pressure negotiate their case under NI-138 instead of fighting it. The result is defeat of meritorious cases. Misuse of Law.
—Part-2 coming soon.