Dismissal of complaint u/s 138 ni act 1881

mohit (Querist) 16 March 2015 This query is : Resolved
sir,
a complaint which is filled u/s 138 for dishonour of the cheque was dismissed by the magistrate as the complainant does not apear on the date of the hearing...
now what is the remedy available for the comlainant, whether he will file the restoration application or any other remedy is availavle for reviving the complaint.
please give specific provisions dealing with this...

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Mahadeva Rao G (Expert) 16 March 2015

Dear mohit, kindly let me know the following :

1. How many hearing has gone through.
2. Whether the case is dismissed after the case is CHARGED or before CHARGING.

3. Whether the accused was present continuously and since how long the COMPLAINANT WAS ABSENT before court.

4. can u mail me scanned copy of ORDER SHEET on my mail id sohan1912@rediffmail.com.

Regards.

Rao. G.M.
ADVOCATE
9845285555.

Mahadeva Rao G (Expert) 16 March 2015
Remedy is available in two ways either through Revision before District & Sessions Judge OR through High Court if the accused is acquited. Hence order sheet is necessary.