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REKHA JETLY
(Querist) 24 November 2009
This query is : Resolved
I want to take an idea that if a case is filed u/s 138 INA in the court after expiry of notice period.
How much time it take to INITIATE the case by the court.
adv. rajeev ( rajoo )
(Expert) 24 November 2009
after completion of expiry of notice period you will have to file case within one month u/s 200 of Cr.p.C. r/w sec 138 of NI Act in the court.
After filing the case court will take the congnizance of the case and will register it, after that court will record your sworn statement and after hearing from your side and if it satisfied that you have followed the procedure then it will issue a summons. After following all the procedures i.e., bail to accused, recording of plea, ur evidence and defense evidence etc, it pronounce the judgement. Time depends upon the pending of the cases.
Kiran Kumar
(Expert) 24 November 2009
rajeev has given u the correct procedure, and as far as time period is concerned it depends upon the burden upon the court.
in few states the court will give a date for a month or two after filing of complaint and after recording of statement, the process is issued.
so in lesser burdened courts the time period will be less, the statment may be recorded on the same day.
G V S Jagannadha Rao
(Expert) 24 November 2009
The court will take cognizance of the case only after the sworn statement of the complainant, if it sees a prima facie case for taking cognizance of offence.
On rest of the issues I concur with Mr.Kiran
