DJPoint (student) 31 March 2014

Status of cheque bounce case if complainant abroad

Hi,

In a cheque bounce case of 7 lac, the statement of complainant was recorded in chief before the Magistrate, and then case was adjourned for another date on which cross-examination was to be conducted on the complainant by the accused party.

But before that cross examination date, the complainant submitted an affidavit that he is going abroad due to a job offer that he got in Dubai, and he won't be able to come before 6 months or doesn't know the exact date of his coming back.

I would like to ask you my respected seniors can this case against the accused be discharged, and can he be acquitted on the basis of complainant's absence?? If so, kindly guide me to the sections of CrPC under which we need to file the application.

Waiting for your kind guidance in this regard.

Thanks.

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4 Replies

R Trivedi (advocate.dma@gmail.com) 31 March 2014

Did he move any application also, seeking some time from the Hon court, then you should have just objected the application and the court would have decided the same.

Now, you can move an application under S.256 CrPC and S.145(2) of the NI Act for dismissal of complaint in absence of complainant. Court proceedings cannot wait on the grounds that he does not know when he can come back for cross.

DJPoint (student) 31 March 2014

No, he didn't move any application.

Kindly tell me is there any time limit in which the complainant can move revision application in HC or Session court against the decision of discharging the case by the Magistrate?

Thanks.

DJPoint (student) 31 March 2014

can sec.258 crpc be also applicable in this case??

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com) 01 April 2014

Dear Querist

if the court pass an order for dismissal of the complaint due to absence of Complainant u/s 256 of Cr.P.C then appeal lies u/s 378 of Cr.P.c and not revision.

it will be better to file an application before court for grant six months or more time as the case may be due to the circumstances. if court allow this then ok, if dismissed then file appeal.