Restoration of complaint u/s 138 of n.i. act
Dr.Gaurang N. Gandhi
(Querist) 14 February 2014
This query is : Resolved
Sir,
My Client filed a criminal complaint U/s 138 of N.I Act in JMFC VISNAGAR, in 2002.
An advocate fiied V.P. for the accuesed and asked exemption in many adjournments.Ultimately non of the accused present still end of 2005. the case is on adjourn on stage of PLEA.
Due to non appearance of accused and fear of misconduct on request by complainant the case was shifted to Mehsana Chief court.
Also there the accused present not a single time still 2009.
In September 2009 accused hospitalized for Kidney problem and still 2013 he was under treatment of Kidney transplant and infection in that.
In 2010 JMFC Mehsana had passed order DISMISS for default for non appearance of complainant/advocate and acquitted the accused.
the complainant came in the knowledge of this order last week.
Can we file restoration application with delay condonation application.
or have to move Sessions court
or High court?
Please guie
ajay sethi
(Expert) 14 February 2014
magistrate court has no power to restore complaint dismissed for default . you have to move Hc for necessary reliefs
Rajendra K Goyal
(Expert) 14 February 2014
You have to explain the acceptable reasons for delay in filing restoration. Contact some senior lawyer from High Court.
ajay sethi
(Expert) 15 February 2014
thanks for your appreciation
