210 of cr.p.c

Advocate.S.A.Siddiq (Querist) 10 July 2012 This query is : Resolved
complainant filed 138 NIA case before JM, Prosecution side witness closed. Now Posted to DW's. Accused not ready to produce any witnesses from 4 months.

Accused committed 420 IPC and money circulation offences by various complaint.
Now accused filed petition u/s.210 of CRPC in 138 case proceding. . Complainant not given any complaint to Police official before filing 138 petition. 210 petition is maintainable or not ?
please refer and give me any citation.

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V R SHROFF (Expert) 10 July 2012
Compl need not lodge any compl to Police to proceed with 138.

do not complicate involving 420.
Only proceed with 138. let 313 statement & arg & finish 138 case

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