cheque bouncing case
Advocate M J
(Querist) 24 May 2011
This query is : Resolved
Good Afternoon Respected members.
Sir in the cheque bouncing case, the complainant have not appeared before the court, And its in examination stage. whr the complainant has to be present but inspite of this the complainant had not appeared. Its since 3 to 4 dates v are waiting for the complainant. Wht will the jury advice for me to do. under which section can i file a memo before the magistrates court to dismiss the case. Or any other suggestion to acquit the accused
Thank you
PALNITKAR V.V.
(Expert) 24 May 2011
You may make an application to the Court for dismissal of the complaint due to absence of the complainant.
Devajyoti Barman
(Expert) 24 May 2011
The problem is if the complainant remains present trough his advocate then his physical absence would not be treated as non appearance.
So pray for issuance of warrant to make the complainant to be present.
You can file a quashing petition before the high court whereby the court would not allow the quashing but would fix a time table within which the trial will have be completed.
PALNITKAR V.V.
(Expert) 25 May 2011
If the case is for hearing and evidence of complainant, then presence of advocate of the complainant would not tantamount to presence of complainant for the simple reason that the advocate can not give evidence for the complainant. Therefore, the court can dismiss the complaint even if advocate remains present in such a circumstance.
M/s. Y-not legal services
(Expert) 26 May 2011
This is the trial court's discretion, just clear this issue before the trial court.. I mean represent it politely or hardly. Or as per expert's advise you may approach your high court for fix a time frame..
