Affidavit missing or not filed
Madhu Mittal
(Querist) 01 June 2022
This query is : Resolved
A loan is granted to be repaid in 12 equal installments by taking 12 post dated cheques.
Post dated Cheques for 5th to 8th installments were dishonoured ,so Ist case u/s 138 was lodged for these four cheques.
Post dated Cheques for 9th to 12th installments were dishonoured ,so IInd case u/s 138 was lodged for these four cheques.
In Ist case affidavit of Complainant was duly filed and now case is for examination of accused u/s 313 crpc.
In IInd case “affidavit of Complainant was duly filed or not” is not confirmed, but affidavit is not available in the Court record file, and now case is for examination of accused u/s 313 crpc.
In both the cases, Cross examination of Complainant was already held.
Now at this stage, attention of the court automatically has gone that there is no Affidavit of Complainant in IInd Case.
Now Hon’ble Court is asking to complainant what to do in this position. So please guide, if possible with citation.
Dr J C Vashista
(Expert) 04 June 2022
The court can not take cognizance of the complaint, summon the accused and proceed in the complaint case in the absence of "affidavit of complainant", which is stated to be at the stage of "examination of accused under the provisions of Section 313 Cr PC .
Unbelievable statement.
