Reg. 138 n.i.

Harish Kumar (Querist) 03 October 2012 This query is : Resolved
Dear Sir,

In my case the complainant/Lawyer was not attending the court regularily from the 3-5 dates. Even the court has imposed panelty on the complainant for not present on the last 2-3 hearing. On the next hearing niether the complainant nor his lawyer were present in the h'nble court. The H'nble Judge Dismissed the case in his order.

I would like to know that what is the time limit of re-open the case file in 138 N.I.
if the court dismiss the case for non attending the court on date by the complainant or any other reason.
In what due time the complainant can re-open the case file ?
If court issues any copy of judgement to the concerned parties ?

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ajay sethi (Expert) 03 October 2012
complainant case dismissed . magistarte cannot review his order . complainant will have to go to high court .

Negotiable Instruments Act, 1881, S.138 - Dishonour of cheque - Dismissal of complaint in default - Magistrate cannot order restoration of complaint even if complainant shows very good reasons for his failure to be present on the date of dismissal of complaint - The only remedy available to the complainant is to approach High Court u/s 482 Cr.P.C. for setting aside the order of dismissal of complaint. (Om Parkash Vs M/s.Golden Forest India Ltd. & Ors.) 2008(3) Civil Court Cases 105 (P&H) : 2008(2) Criminal Court Cases 429 (P&H)