138 NI ACT

Querist : Anonymous (Querist) 22 September 2010 This query is : Resolved
I FILLED A SUIT UNDER 138 NI ACT.BUT I DID NOT ENCLOSE TALBANA OR PROCESS FEES WITH COMPLAINT.THE MEGISTRATE WHO ISSUE THE GOT TRANSFERRED AND MY COMPLAINT GOT TRANSFEERED TO OTHER ONE.WHEN I WENT TO DEPOSIT PROCESS FEE HE WILL TAKE IT WHEN NEW ORDER WILL BE ISSUED.AND ON THE DATE HE DISSMIS THE COMPLAINT FOR5 NON DEPOSIT THE PROCESS FEE ON BACK OF ME.I I DEPOSITED WITH THE APPLICATION TO DEPOSIT ON THE SAME DAY.AND HE PASSED THE ORDER'THAT THE RESTORE APPLICATION IS MOVED AND FIXED FOR ARGUMENTS ....ON THE NEXT DATE HE GOT TRANSFERRED AND NEW ONE SAYS THAT HE DONT HAVE POWER TO RESTORE .....KINDLY TELL ME WAT TO DO NAOW

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nayan joshi (Expert) 22 September 2010
first of all make your query very clearly, i can not understand your problem..pl make it clear...

adv. rajeev ( rajoo ) (Expert) 22 September 2010
I am also confused.

Raj Kumar Makkad (Expert) 22 September 2010
I am not confused. Your problem is that you were directed to deposit process fee in which you failed initially and when you tried to deposit at some later stage, the new magistrate told you to come on the date fixed and on the date fixed, the complaint was dismissed on the ground of non-deposit of process fee. You moved an application on the same day to deposit the process fee which he changed as application seeking restoration and now magistrate is saying that he has no power to restore the complaint.

Magistrate is accurate as the accused had not been summoned till that time. You can now file only suit for recovery before civil court wherein you can make the base of your case as bounced cheque which can be summoned at any stage of any other case.

If you can contest the criminal complaint further in th higher courts then you shall have to go for review under section 397 of Cr. P. C. in case your application is dismissed by trial magistrate but better option is to file civil suit as discussed above.

Querist : Anonymous (Querist) 22 September 2010
can i move to session for aginst application of restoration

Ajay Bansal (Expert) 23 September 2010
FILE A PETION U/S 482 Cr.P.C IN HIGH COURT.

pawan sharma (Expert) 28 September 2010
yes, u can file Revision before the Sessions Court or High Court, but this remery can avail only in one court buz both courts have the power to heard the matter.

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