Negotiable instrument act
Gayatridevi
(Querist) 23 December 2014
This query is : Resolved
Under sec.138 of N.I.Act case is filed against my clent about dishonour of the cheque. The stage of the case is for cross examination of complainant. but he remains frequently absent ; I want some recent case laws to urge the court for dismissing the case. plz give me guideline about it.
Dayananda Gowda
(Expert) 23 December 2014
go through section 236 of crpc....
Dayananda Gowda
(Expert) 23 December 2014
go through section 236 of crpc....
Rajendra K Goyal
(Expert) 24 December 2014
Citation not provided in this section.
Nadeem Qureshi
(Expert) 24 December 2014
Dear Querist
read the section 256 of Cr.P.C. and file an application before court for dismiss the complaint due to non-appereance of the complainant before the court.
the court have power to dismiss the complaint under section 256 of Cr.P.C.
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.
