Case on 138 of ni act.
pushpakrishna
(Querist) 10 April 2013
This query is : Resolved
Dear Experts,
A person filed a case U/S 138 of NI Act. firstly it has been made as CFR (Case for Registration) later it was coming for consideration. in the mean time Magistrate went for training and case was calling on each hearing date and dates were giving.At last the magistrate came and case was called THE COMPLAINANT being out side as there was crowed in the court and did not heard when case was called and the Magistrate DISMISSED the Complaint due to the absent of the complainant stating that as the complainant not showing interest. what is the remedy for this kindly advice in this regard.whether REVISION has to file or review has to file as the CASE is at CFR stage.
Nadeem Qureshi
(Expert) 10 April 2013
the magistrate have power u/s 256 of Cr.pc to dismiss the complaint in absence of complainant.
this Order is appealable.
Raj Kumar Makkad
(Expert) 13 April 2013
The complainant can even move an application seeking restoration of his complaint if he produces the convincing reasons within the prescribed limit.
DEFENSE ADVOCATE.-firmaction@g
(Expert) 13 April 2013
I do not think there is any provision for restoration , revision is only way out which will be long and expansive.
Still I had a great surprise when last week my Junior got such a case restored.
But there is no provision in CRPC for restoration criminal matters once dismissed.
B K Raghavendra Rao
(Expert) 13 April 2013
You need to apply for revision of the order of the Magistrate. There is no provision for application for restoration as is in the case of a civil case. File a Revision Petition in the High Court or Sessions Court.
ajay sethi
(Expert) 13 April 2013
no application for restoration is maintanable for complaint dismissed under 138 Ni . revision is only option
pushpakrishna
(Querist) 13 April 2013
dear experts,
The matter of cheque is Rs.10,000/- only and the case of the stage is only CFR (case for Registration) and posted for consideration.hence advice accordingly.Thanq sir.
B K Raghavendra Rao
(Expert) 13 April 2013
Whether the cheque is for Rs. 10,000/- or Rs.1/- the law is same. The order passed by the magistrate is to be challenged whether for Case for Registration or a Final Order or an Interim Order. Hence the opinion offered is same.
ajay sethi
(Expert) 13 April 2013
forget it . you will spend more money in litgation expenses .
prabhakar singh
(Expert) 13 April 2013
Valuation is no criteria.
But it could be for a complainant while deciding to go far revision where fees may be more than the amount of the cheque besides other costs of litigation and personal harassment in attending dates.
Here decision should be based on economics involved and not on remedies available.
Truly speaking Cr.P.C does not confer power of restoration in a magistrate,but equally
illustrations of restoration as one told by ADVOCATE DEFENCE are also ample,then Mr.Makkad is also right in his experience so gained.
V R SHROFF
(Expert) 13 April 2013
Surprise that on 1st occasion, the Magistrate DISMISSED the Complaint due to the absent of the complainant .
Apply showing the fact, and set aside order of dismissal, if not done, go for revision.
Arun Kumar Bhagat
(Expert) 15 April 2013
I endorse the opinion of Mr. B K Raghavendra Rao.
