N.I.ACT 138
KAPIL
(Querist) 15 July 2011
This query is : Resolved
138 DISMISED IN DEFOLT ON NON APPEARANCE OF COMPLAINANT ( CASE WAS FIXED FOR VERIFICTION) at this staage what we should do appeal or restoration application
R.Ramachandran
(Expert) 15 July 2011
You have to file an application for Restoration within 30 days from the date of dismissal. You have to give cogent, tenable and convincing reasons to satisfy the court as to why you could not be present on the day when the matter was posted for hearing.
KAPIL
(Querist) 15 July 2011
Jmfc court have jurisdiction
adv. rajeev ( rajoo )
(Expert) 16 July 2011
No restoration application because it is already dismissed, if you would have filed restoration application on the same day then it could have been restored. NOw your have file a criminal appeal against that order.
It is mandatory to file a restoration application on the day of dismissal.
R.Ramachandran
(Expert) 16 July 2011
Dear Mr. Rajeev,
I shall be grateful, if you could indicate the provision which says that restoration is possible if applied on the same day and not otherwise.
ashish lal
(Expert) 16 July 2011
you to file an appeal
Arun Kumar Bhagat
(Expert) 21 July 2011
Case once dismissed, can not be restored in criminal trial. You have to file revisional application before higher forum. What Mr. Ramchandran said, is applicable in civil cases not in criminal cases.I differ from Adv.Rajeev's opinion.
Arun Kumar Bhagat
(Expert) 21 July 2011
In criminal case there is no provision for restoration. You have to prefer revisional application before higher forum.
