138 n.i.act

You can lodge a complaint against the Lawyer in the Bar Council. So also, you can engage another Lawyer and try to get the case restored on file.

you may restore the case

Nitish Banka

9891549997

Under the provisions of CRPC such dismissal amounts to aquittal and hence it can not be restored.

You can go to HC within NINTEY DAYS provided you have proper legal reasons but it will be very costly.

If any petition is dismissed for default, then it is neither a judgement in view of Section 353 and 465 CRPC.

Therefore, the bar of Section 362 Cr.P.C. is not applicable.

The party to the proceedings is deprived of being heard and if in the interest of justice, opportunity of hearing is expedient than such opportunity must be given. There is no restriction in the Cr.P.C. to recall and set aside such order, which has been passed in the absence of the petitioner.

NOTE  :           Recall of the order depends on the discretion of the tribunal. You have to show proper & convincing reason for not attending in the court.

the  remedy available to the petitioner was to challenge the order of dismissal of the complaint by seeking special leave to appeal from this Court, by invoking the provisions of Section 378 (4) of the Code. See latest judgment of Hon'ble the Supreme Court of India inSubhash Chand v. State (Delhi Administration), 2013 (1) R.C.R. (Criminal) 1013.

petition under Section 482 of the Code can be considered only in exception cases the relevant remark made by the apex court is reproduced hereunder

"We are convinced that in the instant case, rejection of appellants petition underSection 482 of the Code has resulted in miscarriage of justice. Availability of an alternative remedy of filing an appeal is not an absolute bar in entertaining a petition under Section 482 of the Code. As aforesaid, one of the circumstances envisaged in the said Section, for exercise of jurisdiction by the High Court is to secure the ends of justice. Undoubtedly, the trial court had dismissed the complaint on a technical ground and therefore, interests of justice required the High Court to exercise its jurisdiction to set aside such an order so that the trial court could proceed with the trial on merits.

safest option is to file the appeal under section 378 of Cr.P.C since court will entertain petition under section 482 of Cr.P.C in exceptional cirucumstances

This is a summons case and hence section 256 is applicable.

Go to any criminal court in India and such dismissal are routine due to absense .