(Guest)

Restoration of complaint u/s 138

A complaint u/s 138 has been dismissed in default by the magistrate for non-appearance of the complainant and his counsel.

Though the complainant has sufficient good reasons for not appearing, as the complainant is very old.

Sir my Question is that whether I should file a revision before Sessions Court or before the High Court.

And if possible can somebody refer me a SC judgment for restoration of complaint u/s 138.

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6 Replies

Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 ) 24 August 2014

File petition US 482 Cr.P.C with a sufficent cause greater chances of restoration of complaint no SC will be required

adv.raghavan (Advocate,9444674980) 24 August 2014

DJ can restore the case dismissed for default - complaint dismissed for default. The JM becomes functus officio and complaint cannot be restored. However DJ can restore, if counsel immediately represent after dismissal. 2001 Crl.L.J.2821. Kar.

R Trivedi (advocate.dma@gmail.com) 25 August 2014

This dismissal happened after the accused made his presence or even before summon orders were issued ??

(Guest)

Sir after the accused made his presence..

R Trivedi (advocate.dma@gmail.com) 25 August 2014

This is acquittal under S.256. The session court has no role to play, the complainant has to approach HC.

(Guest)

Bt how come this be an acquittal..as in my case the magistrate has only dismissed the complaint in default without mentioning in the order that the accused is acquitted in the aforesaid complaint..wont a revision lie to the sessions court or the HC..