Negotiable Instruments Act.
allurisivajiraju
(Querist) 25 November 2008
This query is : Resolved
Respected Seniors,
In a cheque dishonour case which was posted for trial, on that day Complainant and his advocate are not presented to the Court due to unavaidable circumstances.
Then the Court passed an order as "Complainant called absent, No representation, Complaint dismissed for default".
In the above circumstances the complainant whether file a petition for restoration of the said Complaint before the District Court or High Court.
If it is possible for restoration before the District Court please refer some citations to that effect.
Thanking You Sir.
bhagwant
(Expert) 26 November 2008
u can file petition u/s 482 to high court and pray for resotration of complaint.
A. A. JOSE
(Expert) 26 November 2008
You can either file petition under section 482 cr.pc or file application for restoration immediately please.
Adv.Shine Thomas
(Expert) 26 November 2008
You can file application for restoration of complaint before the High Court.
anonymus
(Expert) 26 November 2008
respected sirs, the magistrate has no power to restore the case. the order passed by him ought to have been under sec 256 cr.p.c and it should necessarily contain the words about either acauittal or discharge of the accused as the result of such dismissal. Sec 362 prohibits the magistrate from altering his judgment. hence the only option is to approach the high court under sec 482 cr.p.c.
please refer "MAJ. GENL. A.S. GAURAYA & ANR V. S.N. THAKUR & ANR"[CITATION: 1986 AIR 1440 1986 SCR (2) 771 1986 SCC (2) 709 1986 SCALE (1)1128]
K.C.Suresh
(Expert) 27 November 2008
Appeal is the further course of action.
Srinivas.B.S.S.T
(Expert) 27 November 2008
G.G. Shaikh rightly opined. You have to file a revision before the sessions court challenging the order of the Magistrate. Regards Srinivas BSST
allurisivajiraju
(Querist) 27 November 2008
Thanks for your resonce.
Please any one can help me under which provision in Cr.P.C. ( or any decision )for filing revision petition before the Sessions Court challenging the order of the Magistrate.
Thanking You Sir.
legaleagle
(Expert) 01 December 2008
there is a case law on it that the presence of the complainant is not necessary. and secondly there is another case law that if lawyer is not present then client should not suffer for that. Magistertae cannot dismiss the complaint. utmost he can do is to ISSUE NOTICE TO THE COMPLAINANT . since court cannot recall its own order therefore u may go into revision against that order.
G.G.Shaikh Advocate M:9898038990
(Expert) 27 November 2008
