Complainant is absent for long time before framing of charges
M Satyanarayana
(Querist) 22 December 2016
This query is : Resolved
Sir,
I am falsely implicated in cheating case under Section 420 IPC, 506 IPC falsely filed by my sister to fall in line with her compromise for the property in partition suit for which shares have already been declared by preliminary decree. Now complainant alleging she has paid me in cash Rs.20 lakhs for my share and I am not filing compromise petition hence I cheated her. I have not received any amount and not in talking terms with her. Inspite of this she filed criminal case against me and now she remains absent in the court which is coming for framing of charges. My quash petition is pending in the High Court.
Please sir let me know what action court takes when the defacto complainant remains absent for long time and my quash petition is pending. Whether it continues the proceedings or dismiss the criminal case against me.
Thanking you,
M.SATYANARYANA
Guest
(Expert) 22 December 2016
Her Absence is good for you Obviously she do not have any proof for her complaint and statements.The Proof of her source of Income to pay that amount would be another question.Better do not be in hurry and Just Co Ordinate with your Advocate and Do not Pressurize him.Be Patience and every thing would End Well.
Rajendra K Goyal
(Expert) 22 December 2016
In criminal cases presence of complainant is not mandatory on each hearing. State proceed in criminal cases against the accused.
Guest
(Expert) 22 December 2016
"State Proceed in Criminal cases against the accused " Could you Please explain Mr.R.k.goyal Please what you are trying to Say.
Guest
(Expert) 22 December 2016
Mr R.K.Goyal Is the Presence of complainant Not required while framing the charges.Please provide Legal justification for your statement Please.
Rajendra K Goyal
(Expert) 23 December 2016
In spite of asking questions from me, you can advice the author instead.
P. Venu 
(Expert) 23 December 2016
It appears that the complaint was filed u/S 156(3). If so, the complainant is de fact and the de jure complainant is the State. The presence of the de facto complainant is required as the Witness during trial and not during framing of charges.
Guest
(Expert) 23 December 2016
Mr R.K.Goyal you have Not Cleared My Doubt Please.What Does it Mean by"State Proceed in Criminal Cases against the accused " the Sentence Posted by you Please
Rajendra K Goyal
(Expert) 23 December 2016
We are here to clear doubts of author, if you have any doubt please read books. You are free to frame your opinion otherwise on the query.
Advocate. Arunagiri
(Expert) 23 December 2016
I fully agree with Mr.Goyal.
Defacto complainant is only a prosecution witness, he / she ought to come to the court only for chief and crossing.
So, framing of the charges can be done without the presence of the defacto complainant.
Only in case of a private complaint, the complainant ought to present at the time of framing of charges.
The author ought to clarify whether it is a police case or private complaint.
Guest
(Expert) 23 December 2016
The Author should excuse for my Next Post
Guest
(Expert) 23 December 2016
Arunagiri My Legal justification Sought in SC/ST thread is Still Pending Please
Advocate. Arunagiri
(Expert) 23 December 2016
You may answer the following:-
Rajkumar here are the questions to you:-
1. In your profile in this LCI you have stated that practicing since 2001. but, your enrolment No. is 1506/2012. How come you started practicing from 2001?
2. You have hardly four years experience, but posing yourself as 15 years experienced advocate. Is it not cheating?
3. In the bar council records, your name is JOSHUA SAMUEL RAJKUMAR N., but, in this LCI you call yourself as N.J.S.Rajkumar alias Narasimha. What is your real name?
4. As per the Bar Council Records you are a Christian, you call yourself as Narasimma, is it a Christian name? Are you a Christian or Hindu?
5. As per the Bar Council Records you are a Christian, but you claim yourself as a vice president of SC/ST Association. How is it possible?
6. You claim that GV Films and Sanraa are your clients. These companies are promoted by the same promoter of Gemmia Oil Tech. But, actually you rendered service only to Gemmia Oil Tech. But, not included Gemmia in your cliental list. For your kind information, GV Films, Sanraa and Gemmia are all suspended from listing for penal reasons.
7. If you claim Sanraa is your client, you should know who is the Administrator of that Company, who is that? What services you rendered to Sanraa.
8. How many court cases you have appeared in the high court, please give details of the cases, for which you filed vakalat?
9. How much you have received from Gemmia Oil Tech for bringing in the foreign funds?
10. In which college you studied BL?
11. High court had ordered enquiry on the advocates, who studied from other states. Are you one among them?
Guest
(Expert) 23 December 2016
i JUST wanted the Legal justifications for your company Gemmia Oil tech Ltd and naftogaz Ltd Is It Genuine Please
Advocate. Arunagiri
(Expert) 23 December 2016
You may answer the following:-
Rajkumar here are the questions to you:-
1. In your profile in this LCI you have stated that practicing since 2001. but, your enrolment No. is 1506/2012. How come you started practicing from 2001?
2. You have hardly four years experience, but posing yourself as 15 years experienced advocate. Is it not cheating?
3. In the bar council records, your name is JOSHUA SAMUEL RAJKUMAR N., but, in this LCI you call yourself as N.J.S.Rajkumar alias Narasimha. What is your real name?
4. As per the Bar Council Records you are a Christian, you call yourself as Narasimma, is it a Christian name? Are you a Christian or Hindu?
5. As per the Bar Council Records you are a Christian, but you claim yourself as a vice president of SC/ST Association. How is it possible?
6. You claim that GV Films and Sanraa are your clients. These companies are promoted by the same promoter of Gemmia Oil Tech. But, actually you rendered service only to Gemmia Oil Tech. But, not included Gemmia in your cliental list. For your kind information, GV Films, Sanraa and Gemmia are all suspended from listing for penal reasons.
7. If you claim Sanraa is your client, you should know who is the Administrator of that Company, who is that? What services you rendered to Sanraa.
8. How many court cases you have appeared in the high court, please give details of the cases, for which you filed vakalat?
9. How much you have received from Gemmia Oil Tech for bringing in the foreign funds?
10. In which college you studied BL?
11. High court had ordered enquiry on the advocates, who studied from other states. Are you one among them?
Guest
(Expert) 23 December 2016
I just Need the Legal Justification and Genuinity of your Company Gemmia Oil Tech Ltd and Naftogaz Ltd
Rajendra K Goyal
(Expert) 23 December 2016
Expert Advocate. Arunagiri,
thanks for your comments.
Guest
(Expert) 23 December 2016
Arunagiri I will also Thank You If you Post the Legal Justifications of the Genuinity of Your Company Gemmia Oil tech Ltd and Naftogaz Ltd
Adv Prashant
(Expert) 23 December 2016
Why the senior experts are fighting with each other.
Rajendra K Goyal
(Expert) 24 December 2016
Dear Expert Adv Prashant,
Sometime we have to comments, if forced by others.
Some experts think themselves super intelligent.
Though everyone has right to think so about himself, meanwhile no one has right to consider others as fool.
Instead of positive contribution to the query and maintain decorum, their moto is to through mud on others time and again and in turn hope others to have similar attitude.
They indulge in raising issues in query which are on personal life not related to query. They can do so through personal Message system or otherwise but they are bent to destroy the cause / create asylum of foul smell. Unaware whether the situation is the result of professional or personal rivalry, but it is fact is spoiling the decorum of the forum.
Not happy and regret for the situation.
Guest
(Expert) 24 December 2016
Well Stated by Senior Expert Mr.Rajendra K.Goyal
Rajendra K Goyal
(Expert) 24 December 2016
Expert N.J.S.Rajkumar alias narasimha
Thanks.
hope decorum would be maintained by the experts.
Guest
(Expert) 24 December 2016
Welcome Sir
