Presence of Complainant in N.I.ACT Cases.

allurisivajiraju (Querist) 06 January 2009 This query is : Resolved
Resected Seniors,
In cheque dishonour case the Magistrate comelling the Advocate for Complainant for the presence of the Complainant at the instance of 313 Exanination and at the stage of Cross examination of Accused etc. Each and every adjornment Magistrate imposing costs to the Complainant for his absence eventhough there is no necessary to the presence of the Complainant.

In the above circumstances is there any remedy to the Complainant. Please send latest judgements of High Courts and Sureme Court.

Thanking You.

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KAMARAJ BHARATHY G (Expert) 07 January 2009
there is one provision in cr.p.c. to waive the appearnce of the petitioner/compalinent by filing petition to the concern court. hence you can file permission petition

Guest (Expert) 07 January 2009
Complainant is not required to appear in every date of proceedings and he can be exempted after his cross examination. The magistrate's action is totally wrong and intended to harass the complainant. You invoke the rivisional jurisdiction (preferable) or appellate jurisdiction against the order of the magistrate.

prabhakar (9958670740)
karlprabhakar@gmail.com

Srinivas.B.S.S.T (Expert) 08 January 2009
Sir, you can file a petition under Section 256 Cr.P.C. to dispense with the presence of the Complainant. The presence of the complainant is not necessary for each and every adjournment. Srinivas BSST

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