138 ni act
A.P.Rajagopal
(Querist) 30 September 2010
This query is : Resolved
respected sir's
i have filed a a cheque bounce case before judicial magistrate and the same has been dimissed at the initial stage, when the complainant was absent and no representation made by advocate also. whether the case can be reopnened in the same jm court r appeal to sessions r high court. what is the procedure to be followed ? n is there any authority to reopen in the same jm court
advocate raj
Dineshwar Singh Kaushik
(Expert) 30 September 2010
In cheque bounce caseu/s 138 of NI Act or in any complaint case if once case got dismissed from the court of judicial magistrat the appropriate remedy is to file fress complaint in the complaint filing court.
B K Raghavendra Rao
(Expert) 30 September 2010
It would be time barred for filing the complaint again. Once gone it is always gone - is the case with Negotiable Instruments Act. Alternatively you may file a money recovery suit.
Kirti Kar Tripathi
(Expert) 30 September 2010
I agree with Mr. B.k. Raghavendra Rao that case under Sec. 138 Ni Act there as several basic requirements for filing of the complaint. Though a criminal complaint dismissed on account of non appears can be filed again but due to above requirements the filing of another complaint under 138 NI Act, it would not be possible to file another complaint. However, he has an option to file money recovory suit. but I have gone through some judgments in which the courts have allowed the recall application in case, the complaint is dismissed for non appearance.
s.subramanian
(Expert) 30 September 2010
You cannot file restoration petition before the JM since he has no inherent powers to entertain any such petition at all. You file a revision before the Sessions Court or the High Court under Sec.397 of Cr.P>C.
bhupender sharma
(Expert) 30 September 2010
The dismissal of the complaint by the court dismissed in default, that amounts to acquital under section 256 of the procedural code and u have to file an appeal against acquital.
Devajyoti Barman
(Expert) 01 October 2010
File revision against such order of dismissal.
Vinod Singh Tomar
(Expert) 01 October 2010
Mr. S. Subramanian is correct. Trial court has no power to restore it to file after dismissal in default and it would be appropriate if you approach to concerned high Court U/S 397 of C.P.C.
Sri Vijayan.A
(Expert) 01 October 2010
I agree with Mr.Subramanian
M/s. Y-not legal services
(Expert) 07 October 2010
I not agree with experts except mr.subramanian. If any complaint in n.i act dismissed for non appearance mean you can't re open the case at same court. Even you can't in sessions court also.. You have to approach before the high court only..
