138 n.i.act matter, accused abscond
soniya
(Querist) 12 April 2013
This query is : Resolved
Dear and respected members,
This is advocate soniya. I have filed a criminal complaint u/s 138 of n.i. act. After filing of case we have served the summons on accused's address twice but accused has left that address and not traceable since last one year. The lady judge is very strict on each occasion she imposed fine if complainant is not present and always instruct to take steps in the matter other wise i will dismiss the matter.
We tried our level best to get the address. Can we make an application to transfer the case as dormant file and can you please advice me the further action i can take.
Kindly provide me the application and provisions for transfer of the matter to dormant case, really appreciated.
Any further advise and assistance and any authority is really valuable and appreciated.
thanks and regards.
Adv. Soniya Sharma.
Devajyoti Barman
(Expert) 12 April 2013
I am not sure what are you talking about regarding ' dormant case'.
If the service returns with endorsement ' address not known' then you have to file affidavit stating that it is last known address.
You may apply for paper publication.
DEFENSE ADVOCATE.-firmaction@g
(Expert) 12 April 2013
You are advocate for the complainant only and so may not be aware about the whole story of relations between accused and complainant.
If the complainant is not aware about the where about of the accused than what remains in the complaint. This is a summons case and not regular criminal complaint and the courts are under pressure from higher ups to reduce pending cases.
By imposing costs you are being given time to find out the real address of the accused otherwise normally in such situations the complaints are dismissed.
prabhakar singh
(Expert) 12 April 2013
Try to find out his address.
There is no procedural rule to make case file dormant or to consign with out disposal
