negotiable instrument act
karande pravin
(Querist) 27 October 2010
This query is : Resolved
if a complaint is dismissed for default by jmfc court. and if the complainant have good reason for his absence, then what is the provision for him to restore his complaint and in which court should he go. whether to district court or high court. and what are the case laws.
Devajyoti Barman
(Expert) 27 October 2010
Challenge the order in the higher court.
RAVI B SHAH
(Expert) 28 October 2010
Challenge the order in to the session Court.
ashish lal
(Expert) 29 October 2010
revision in sessions court
Advocate. Arunagiri
(Expert) 29 October 2010
Sessions and high court are having concurrent jurisdiction for this revision as the case is dismissed for default.
s.subramanian
(Expert) 29 October 2010
I agree with M/s Shashi and Arunagiri.
DEEPAK ASSOCIATES
(Expert) 03 November 2010
File revision petition in Session Court as the same court has no jurisdcition to review its own order
Ramakrishnan.V
(Expert) 07 November 2010
If the the complaint is dismissed for default the procedure available to the Magistrate in a cheque case is to invoke section 256 of Cr.P.C, which reads as
256. Non-appearance or death of complainant.
(1) If the summons has been issued on complaint and on the day appointed for the appearance of the accused, or any day subsequent thereto to which the hearing may be adjourned, the complainant does not appear, the Magistrate shall notwithstanding anything hereinbefore contained, acquit the accused unless for some reason he thinks it proper to adjourn the hearing of the case to some other day:
Provided that where the complainant is represented by a pleader or by the officer conducting the prosecution or where the Magistrate is of opinion that the personal attendance of the complainant is not necessary, the Magistrate may dispense with his attendance and proceed with the case.
(2) The provisions of sub-section (1) shall, so far as may be, apply also to cases where the non-appearance of the complainant is due to his death.
Under section 401 of Cr.P.C it reads as
(4) Where under this Code an appeal lies and no appeal is brought, no proceeding by way if revision shall be entertained at the instance of the party who could have appealed.
Thus the powers of a sessions judge and a High Court being identical against acquittal no revision will lie if the Magistrate has not alone dismissed the complaint but also acquitted the accused.
On the other hand there is a judgement of the Supreme Court of India which has held that any application for dismissed for default can be restored by the very same court that has been delivered by C.K.Thakkar. J
Ramakrishnan.V.
Advocate. Arunagiri
(Expert) 07 November 2010
Please give the Citation reference. The criminal court has no power to review its own order. Your citation may give more clarity on this point.
Guest
(Expert) 10 November 2010
NANDKUMAR B.SAWANT.M.COM.LL.B.(MUMBAI)ADVOCATE
MOBILE.9960223100, 9271971251
e.mail.advocatesawantnb@yahoo.com
e.mail.nandkumarbs@sify.com
YOU MAY REFER THE ACTUAL ORDER PASSED BY THE JMFC COURT.
IN CASE ACCUSED IS ACQUITED BY J.M.F.C.COURT IT IS ADVISIBLE TO FILE APPEAL AGAINST ACQUITAL TO THE HIGH COURT.YOU WILL SUCCEED.
IN OTHER CASES SESSIONS COURT /HIGH COURT HAS JURISDICTION .
SAME CRIMINAL COURT CANNOT REVIEW ITS OWN ORDERS THIS IS CLEARLY MENTIONED IN SC.JUDGEMENT
GOOD LUCK.
